BYLAWS OF RIVERDALE SCHOOLS PARENT TEACHER CLUB, INC. an Oregon nonprofit corporation per ORS (1) Final Draft

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1 BYLAWS OF RIVERDALE SCHOOLS PARENT TEACHER CLUB, INC. an Oregon nonprofit corporation per ORS (1) Final Draft ARTICLE I: PURPOSES, POWERS, AND RESTRICTIONS SECTION 1. PURPOSE AND RESTRICTIONS Riverdale Schools Parent Teacher Club, Inc., an Oregon nonprofit corporation ( RSPTC or the "Corporation"), is organized exclusively for charitable, scientific, and educational purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the Code ). Within these limits, the purposes of RSPTC include the following: development, implementation and funding of curricular and extra-curricular programs in support of students, faculty and staff of the Riverdale School District; fostering parent involvement in the Riverdale School District; enhancing community within the Riverdale School District; and showing appreciation for Riverdale School District faculty and staff. SECTION 2. POWERS RSPTC shall have the power to engage in any lawful activity for which corporations may be organized under the Oregon Nonprofit Corporation Act (the "Act"), as amended from time to time, provided that such activities are consistent with the purposes of RSPTC as set forth in Article 1, Section 1 above, and the restrictions and limitations on RSPTC set forth in these Bylaws. SECTION 3. FISCAL YEAR The fiscal year of the Corporation shall be from July 1 through June 30 of the following year. ARTICLE II: GOVERNING BOARD SECTION 1. THE GOVERNING BOARD The Corporation will be overseen by a Governing Board of the RSPTC ( Governing Board ) composed of Officers and Directors. SECTION 2. DUTIES OF THE GOVERNING BOARD The Governing Board must establish the Corporation s policies and review and change them as necessary, oversee its programs, authorize its expenditures, oversee its financial affairs, and ensure the proper management and use of its assets and property. The Governing Board must also ensure the Corporation properly employs necessary formalities to make decisions, that it prepares and submits all required state and federal reports, and that it operates in compliance with relevant state and federal laws. 1

2 Governing Board members must diligently prepare for, attend, and participate in the meetings of the Governing Board and any Board Committees as needed, in order to carry out these tasks. The Governing Board must meet a minimum of two (2) times per fiscal year. The governance rules set forth in these Bylaws apply similarly to the governance of all committees appointed by the Governing Board to carry out its work. SECTION 3. QUALIFICATIONS OF DIRECTORS Directors consist of any adult person residing in the Riverdale School District or any adult, regardless of district residency, who is a principal caregiver of a child attending a school in the Riverdale School District, who has passed a required background check per Article VI. Section 1 Background Checks. Riverdale School District teachers, staff and Riverdale School District Directors (members of the Riverdale School District School Board) may serve as advisors to the Governing Board or Board Committees, but may not serve as voting members. SECTION 4. NUMBER OF DIRECTORS The Governing Board shall consist of no less than five (5) and no more than twenty-one (21) Directors. The number of Directors may be changed from time to time by amendment to these Bylaws, or by resolution of the Governing Board, but no decrease in the number of Directors shall shorten the term of any incumbent Director, nor shall the number of Directors be changed to a number less than five (5). SECTION 5. TERMS OF DIRECTORS Except with respect to the initial Governing Board, Directors shall be elected to a two-year term and be allowed to serve no more than four consecutive fiscal years. Terms begin at the start of the fiscal year following election (July 1), and end on the last day of the second fiscal year following election (June 30). To the extent reasonably practicable, the Governing Board shall stagger the terms of Directors so that no more than one-half (1/2) of the total number of Directors are beginning or ending their terms at the same time. SECTION 6. ATTENDANCE Although Directors are encouraged to attend all Governing Board meetings, it is understood that circumstances may occur that could prevent Directors from attending all meetings. Prior notification to the President or Secretary when unable to attend Governing Board meetings is required. When unable to attend, reports must be shared with another Director who can present the information at the meeting, prior to the meeting being missed. Failure to attend any Governing Board meeting (or any two consecutive Board Committee meetings) without an excused absence as determined by the President or Secretary, and/or failure to provide reports in advance for use at missed meetings, is grounds for removal at the discretion of the Directors of the Governing Board. See Article II. Section 9 Removal of Directors 2

3 SECTION 7. ELECTION OF DIRECTORS Governing Board Directors shall be elected by a majority vote of the Directors of the current Governing Board at an Annual Meeting held for that purpose if a quorum is present. Nominations for new Directors may be made by a Nominating Committee; by a Director; or by the Governing Board. The Annual Meeting to elect Directors will take place during the fourth quarter of the fiscal year, unless the meeting is set for a different period of the year by resolution of the Governing Board. The exact time and location of the election meeting will be set by resolution of the Governing Board. To be considered as a Director, or upon confirmation of intent to serve the second year of a Director s term, each nominee must agree to review these Bylaws, the Corporation s Articles of Incorporation and the policies adopted by the Governing Board. SECTION 8. FILLING VACANCIES The Governing Board, by a vote of the majority of Directors present when a quorum is present, may elect a new Director to fill any vacancy on the Governing Board. A Director elected to fill a vacancy shall be elected for the unexpired term of his or her predecessor. SECTION 9. REMOVAL OF DIRECTORS A Governing Board Director may be removed, for the causes stated in these Bylaws, by a majority vote of the Directors when a quorum is present, excluding the Director to be removed. A Director s removal will be considered for cause for the following reasons: (i) repeated failure to attend Governing Board meetings and/or Board Committee meetings (without prior notification); (ii) failure to fulfill the duties required of his/her position; (iii) conviction of a felony or other serious crimes; and (iv) intentional acts or omissions that a prudent person could reasonably have foreseen and has the potential to seriously damage the reputation or interests of the Corporation. A Director may be removed without cause by a two-thirds (2/3) vote of all the Directors, excluding the Director to be removed. The Director being considered for removal has no vote in the process of removal. Notice of the meeting at which removal is to be considered shall state that the removal of a Director is to be considered at the meeting. Notice must be provided at least two (2) days in advance of such meeting, and the President or Secretary must personally notify the Director being considered for removal within 24 hours of the issuance of the meeting notice. SECTION 10. RESIGNATION OF DIRECTORS A Director may resign at any time by delivering written notice (which may be in the form of an ) to the President of the Governing Board, the Secretary of the Governing Board, or to all Directors. Such resignation shall take effect at the time specified in the notice or, if no time is specified, upon receipt by the President or Secretary of the Governing Board. A notice of resignation, once delivered, is irrevocable. 3

4 SECTION 11. ELECTION OF OFFICERS At the Annual election of Directors, the Governing Board must also elect Officers of the Governing Board. (See Article III. Officers) SECTION 12. QUORUM A majority of the Directors present at a Governing Board meeting shall constitute a quorum for the transaction of business at any Governing Board meeting, when a minimum of five (5) Directors are present at the meeting and at least two (2) of the five Directors are individuals who concurrently serve on the RGS PTC Board Committee and at least two (2) of the five Directors are individuals who concurrently serve on the RHS PTC Board Committee. (See Article IV. Committees). SECTION 13. DECISION MAKING AND VOTING The Directors must diligently and conscientiously discuss issues before a vote is taken and seek to achieve consensus. Courteous expression and careful consideration of minority views is expected. After discussion, a Director must make a motion for a vote to be taken, and another Director must second that motion. Prior to the vote, an opportunity must be offered for further discussion, after which a vote shall be taken and recorded in the written Minutes. The affirmative vote of a majority of all the Directors present, when a quorum is present, is necessary and sufficient to make decisions of the Governing Board, unless a greater proportion is required elsewhere in these Bylaws or the Oregon Nonprofit Corporation Act. At every meeting of the Governing Board, each Director shall be entitled to vote in person (or via speaker phone or other technological means enabling concurrent participation in the meeting). Each member of the Governing Board will have one vote except as allowed by the criteria for Governing Board voting privilege pursuant to Article II. Section 14 Criteria for Governing Board Voting Privilege. At the request of any Director, the Minutes shall reflect the name of each Director who voted for, voted against, or abstained on a motion. SECTION 14. CRITERIA FOR GOVERNING BOARD VOTING PRIVILEGE At the Annual Meeting each fiscal year, the Governing Board Directors shall strive to be composed of equal voting representation from the RGS PTC and RHS PTC Board Committees, as described in Article IV. Section 4 Riverdale Grade School Parent Teacher Club Board Committee and Riverdale High School Parent Teacher Club Board Committee. The Governing Board Directors shall appoint Officer positions for each Board Committee, each of which may be co-held by two Governing Board Directors. The Governing Board shall determine whether an office held by co-officers is entitled a two votes (one per officer), or one vote (one per office), for each Board Committee, to better foster balanced voting representation. SECTION 15. ACTION BY GOVERNING BOARD, WITHOUT A MEETING, BY UNANIMOUS CONSENT The Governing Board may use to make any decision or take any action that is within its power, without a real-time meeting, through the use of a Unanimous Consent Resolution. A 4

5 clearly stated motion must be sent by an Officer to all Directors by with clear instructions that this process requires 100% of the Directors to vote yes for the motion to pass. Each Director must send his/her vote by in reply. Motions are adopted and effective on the date that all Directors in office have responded with an affirmative yes vote. If any Director votes no, abstains, or fails to vote, then the motion fails to pass. A record of this vote shall be inserted in the Minute book as if it were the Minutes of a Governing Board meeting. SECTION 16. ANNUAL MEETINGS, ADDITIONAL MEETINGS, AND NOTICE The Governing Board shall schedule and hold one (1) Annual and a minimum of one (1) additional meeting over the course of the fiscal year. The Annual Meeting will be held each year during the fourth quarter of the fiscal year for the purpose of electing Directors and Officers, approving budgets, and transacting such other business as may properly come before the Governing Board. Notice of each meeting, stating the date, time, and place of the meeting, shall be publicized electronically, and delivered at least seven (7) days prior to a meeting. SECTION 17. MEETINGS VIA TELECOMMUNICATIONS Meetings may be held by telephone, video conferencing, internet-based communication, or other method, as long as all participating Directors may simultaneously hear and speak with each other. A Director participating in a meeting in this manner is deemed present for purposes of a quorum. SECTION 18. SPECIAL MEETINGS Special meetings of the Governing Board may be called by the President of the Governing Board or by at least two (2) incumbent Directors, when urgent action is required, or for another compelling reason. The person or persons calling the special meeting shall establish the location, date and time, and provide notice to all Directors as provided in Article II. Section 16 Annual Meetings, Additional Meetings, and Notice. Such notice shall be delivered at least two (2) days prior to a meeting. SECTION 19. COMPENSATION Directors may be reimbursed for actual expenses, if any, incurred in the performance of their duties. Unless specifically authorized by a Governing Board resolution requiring a two-thirds vote of Directors when a quorum is present, Directors shall not receive any compensation for personal services as Directors. (See Article VI. Section 2 Compensation of Officers and Directors). ARTICLE III: OFFICERS SECTION 1. OFFICERS The Officers of the Governing Board of the RSPTC shall carry out the policies and decisions of the Corporation as directed by the Governing Board. Officers must include a President, a Vice President, a Secretary, and two co-treasurers, each of whom shall be elected by the Governing Board at the Annual Meeting. 5

6 Officers are to hold office for such period, have such authority, and perform such duties as are provided in these Bylaws or as may be provided by resolution of the Governing Board. The same person may not simultaneously hold any two offices. To the extent practicable, the Corporation intends to rotate Officer positions annually between representatives of the RGS PTC Board Committee and the RHS PTC Board Committee. SECTION 2. ELECTION AND TERM OF OFFICE Officers shall be elected for one-year terms, every fiscal year, by a majority of the Directors of the Governing Board at the Annual Meeting, when a quorum is present. Election of Officers shall take place immediately following the election of Directors. Unless an Officer formally resigns or is removed from office, he/she will remain in office until a successor is properly elected. SECTION 3. RESIGNATION Any Officer may resign at any time by delivering written notice (which may be in the form of e- mail) to the RSPTC President or Secretary, or the Governing Board as a whole. Such resignation shall take effect at the time specified in the notice or, if no time is specified, upon receipt by the Governing Board. A notice or resignation, once delivered, is irrevocable. SECTION 4. DEMOTION AND REMOVAL An Officer elected by the Governing Board may be demoted to Director, with or without cause, by the Governing Board whenever, in the Governing Board s judgment, its best interest would be served. A majority of a quorum of the Governing Board is necessary to demote an Officer to a Director. To remove a Director, see Article II. Section 9 Removal of Directors, above. SECTION 5. VACANCIES The Governing Board, by a majority of Directors present when a quorum is present, may elect a new Officer to fill a vacancy among the Officers of the Governing Board. A Director elected to fill an Officer vacancy shall be elected for the unexpired term of his or her predecessor. SECTION 6. COMPENSATION Officers may be reimbursed for actual expenses, if any, incurred in the performance of their duties but shall receive no other compensation. (See Article VI. Section 2 Compensation of Officers and Directors below, and Article II. Section 19 Compensation, above). SECTION 7. PRESIDENT The President of the Governing Board is the principal Officer of the Corporation and will, in general, supervise or oversee the supervision of all of the affairs of the Corporation, including (but not limited to): (i) Ensuring informed and proper oversight of RSPTC charitable operations by holding a minimum of two (2) meetings per fiscal year, which incorporate: (a) the discussion of financial reports and oversight; 6

7 (ii) (iii) (iv) (v) (b) the holding of an Annual Meeting to elect new Directors and Officers of the Governing Board for the following year; (c) the appointment of the two standing Board Committees, and other Committees as needed; and (d) the review and approval of the Joint Budget, and delegation of financial oversight to the two standing Board Committees; Ensuring the initiation of the budgeting process; Ensuring that financial and tax reports to appropriate state and/or federal authorities are filed by the Secretary and the co-treasurers, and/or other parties; Ensuring that the Secretary is appropriately documenting activities via Minutes that are retained in hard-copy format, as well as retaining copies of important legal documents such as taxes, insurance policies, Bylaws, Articles of Incorporation, and any other legal documents; and Ensuring that the Vice President is cultivating nominations for new Directors, in concert with the two standing Board Committees. The President will preside at all meetings of the Governing Board. SECTION 8. VICE-PRESIDENT In the absence of the President, or in the event of the President s inability to act, the Vice- President shall perform the duties of the President. The Vice-President must also perform, or oversee the performance of, other duties as assigned by the Governing Board including, but not limited to: (i) Cultivating nominations for new Directors, in concert with the two standing Board Committees; and (ii) Ensuring that governance training is provided for Directors (including adherence to Policies adopted at Incorporation, such as Conflict of Interest policies, and other matters). SECTION 9. SECRETARY The Secretary must perform or oversee the performance of the following duties: (i) Record and keep the Minutes of the meetings of the Governing Board; (ii) Ensure that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; (iii) Serve as custodian of the records of the Corporation, including the security and safekeeping of documents pertaining to Incorporation, Bylaws, Board policies, insurance, tax, audits, financial reviews, any other financial documents, tax-exempt ID number and IRS non-profit status, among others. (iv) Ensure, in concert with the Governing Board co-treasurers, that all required state and federal reports are prepared and filed in a timely fashion. SECTION 10. TREASURER Two co-treasurers must perform, or oversee the performance of, the following duties: (i) Be responsible for the proper management and control of all funds of the Corporation (specifically, those activities specified in Article VI, Sections 4, 5, 6, 7, and 8); 7

8 (ii) (iii) (iv) (v) Oversee and/or prepare full and accurate financial records on a timely basis of all of the income, expenses, and assets of the Corporation; Oversee and/or prepare the presentation of financial reports at Governing Board meetings; Provide financial information necessary to prepare and file the required reports to state and federal government agencies, showing the income, disbursements, and assets of the Corporation. The two co-treasurers may delegate some or all of these tasks, but remain responsible for their proper completion; and Prepare draft budgets for discussion by the Governing Board, and finalize budgets to be approved by the Governing Board. SECTION 11. CONTRACTS AND UNDERWRITING Contracts, including those required for the annual fundraising event or required for other expenditures of RSPTC as a whole, must be signed by two Officers of the Governing Board; it is intended that one of the signing Governing Board Officers also be a Director of the standing RGS PTC Board Committee and one of the signing Governing Board Officers also be a Director of the standing RHS PTC Board Committee. In an emergency, the President and/or Vice President may oversee and authorize any two Governing Board Directors to sign contracts. Underwriting, for the purposes of RSPTC annual fundraising activities, shall be permitted as specified in policies adopted by the Governing Board. ARTICLE IV: COMMITTEES SECTION 1. ESTABLISHMENT The Governing Board may establish committees, including Board Committees and Non-Board Committees, whether temporary in purpose or for longer term, by a resolution of a majority of the Governing Board Directors, when a quorum is present. Such resolutions shall name the committee and its purpose, and shall state whether it is a Board Committee or Non-Board Committee, as defined below. Board Committees must consist of three (3) or more Directors of the Governing Board, and all Board Committee members must be Directors on the Governing Board. The Governing Board shall establish the Riverdale Grade School Parent Teacher Club ( RGS PTC ) Board Committee and the Riverdale High School Parent Teacher Club ( RHS PTC ) Board Committee to support the mission of the Corporation pursuant to Article IV. Section 4 Riverdale Grade School Parent Teacher Club ( RGS PTC ) Board Committee and Riverdale High School Parent Teacher Club ( RHS PTC ) Board Committee. SECTION 2. BOARD COMMITTEES The Governing Board may establish Board Committees, to which are delegated Governing Board powers, by resolution that clearly states the powers, authority and duties delegated to the Board Committee and appoints the chairperson of the Board Committee and the Directors of the Board Committee. The powers that may be delegated include the power to authorize 8

9 expenditures, develop budgets and approve amendments to budgets, set policies, and/or authorize programs and activities. All Board Committees shall conduct meetings and operate in the manner set forth in these Bylaws and in compliance with all Governing Board policies, including without limitation with respect to: holding meetings with proper notice; passage of motions; voting; recording of Minutes and the subsequent approval and permanent storage of Board Committee Minutes; filling vacancies; resignations; removals; and all other aspects of operation; provided, however, that with respect to quorum requirements, the Board Committee Directors present at a Board Committee meeting shall constitute a quorum for the transaction of business as long as a minimum of three (3) Board Committee Directors are present. If at least three (3) Board Committee Directors are not present, no action may be taken. The Governing Board may modify or require additional procedures to govern Board Committee operations. The Governing Board may delegate to a Board Committee the authority to create Non-Board Committees (reporting to that Board Committee). The Governing Board may appoint the chair of Non-Board Committees or delegate this task to the Board Committee to which the Non-Board Committee shall report. With respect to a Non-Board Committee that is a major RSPTC fundraising Committee, the Governing Board shall discuss, and approve as needed, the appointment of the chair. Unless otherwise provided in these Bylaws or by the Governing Board, the term of any Board Committee Director is two (2) years, starting at the beginning of the fiscal year (July 1) following appointment and ending two years later at the end of the respective fiscal year (on June 30). Directors shall be allowed to serve no more than four (4) consecutive years. SECTION 3. NON-BOARD COMMITTEES The Governing Board or a Board Committee (as delegated) may establish Non-Board Committees, including sub-committees, working committees or advisory committees, to advise and otherwise support the work of the Board Committee. Such Non-Board Committees shall not have the power to authorize expenditures, sign contracts, adopt budgets, set policy, establish programs, or make decisions for the Corporation. Such committees may be established through a resolution adopted by the Directors present at a properly called Governing Board or Board Committee meeting. Any person may be a member of such a committee, after passing a background check, whether or not that person is a member of the Governing Board. The term of a Non-Board Committee chair shall be determined by mutual agreement with the Governing Board (or the Board Committee to which the Non-Board Committee reports). The term of office of a member of a Non-Board Committee will continue until his or her successor is appointed unless the Non-Board Committee is terminated, the member resigns or is removed from the Non-Board Committee, or the member ceases to qualify as a member thereof. 9

10 SECTION 4. RIVERDALE GRADE SCHOOL PARENT TEACHER CLUB ( RGS PTC ) BOARD COMMITTEE AND RIVERDALE HIGH SCHOOL PARENT TEACHER CLUB ( RHS PTC ) BOARD COMMITTEE Two standing Board Committees of the Governing Board are specified in these Bylaws: (i) (ii) Riverdale Grade School Parent Teacher Club Board Committee ( RGS PTC Board Committee ); and Riverdale High School Parent Teacher Club Board Committee ( RHS PTC Board Committee ). At the Annual Meeting of the Governing Board, the Directors of the RGS PTC Board Committee and RHS PTC Board Committee shall be appointed, and a resolution passed that clearly states what powers, authority, and duties have been delegated to each Committee; the names of the Chairs of each Committee; and the names of the Directors of each Committee. All Committee Directors shall be Directors of the Governing Board, and shall serve terms of office that coincide with each person s Governing Board Director term (i.e., a two-year term unless otherwise specified by the Board Committee). Each of these two Board Committees needs to install Officers as soon as possible after Directors are appointed, with the appointed Chair of each Committee serving as President. At a minimum, these Board Committees shall have the following Officers: President; Secretary; and two co- Treasurers. It is permitted for a standing Board Committee to have only one Treasurer, however two co-treasurers is preferred. In the event of a standing Board Committee with only one Treasurer, the standing Board Committee must designate the President, Vice President or Secretary to fulfill the check and draft signatory duties of a co-treasurer, and that individual must agree to fulfill the check and draft signatory duties for one (1) fiscal year (or for a portion of the remaining fiscal year, if need arises due to a vacancy or removal of a Director), or unless a Director wishing to serve as co-treasurer is appointed to the standing Board Committee by the Governing Board). The RGS PTC Board Committee and the RHS PTC Board Committee shall follow the provisions of these Bylaws (as stated in Article IV. Section 2 Board Committees); adopt additional policies governing each Committee s organization and operation; and oversee the activities of any Non-Board Committees that report to it. At the Annual Meeting each year, the RGS PTC Board Committee and RHS PTC Board Committee will each determine which of the following voting protocols to follow: (i) one vote per Director; or (ii) one vote per Office position (in the case of co-office holders). RGS and RHS PTC Board Committees shall each hold a minimum of six (6) Board Committee meetings per fiscal year, where a hard copy of Minutes are reviewed, approved and provided to the Board Committee s Secretary to maintain. An electronic or hard copy of Minutes is to be provided to the Secretary of the Governing Board within two weeks of the RGS or RHS PTC Board Committee meeting where these Minutes are approved. 10

11 In addition to Directors, the RGS PTC Board Committee and the RHS PTC Board Committee have Members who consist of any adult person residing in the Riverdale School District or any adult, regardless of district residency, who is a principal caregiver of a child attending a school in the Riverdale School District. Riverdale School District teachers and employees are Members. Members, as specified in this Article, are not statutory members as defined under the Oregon Non-Profit law and therefore have no voting rights on any matters. RGS PTC Board Committee and RHS PTC Board Committee shall each hold a minimum of three (3) General Meetings per fiscal year, open to Members, one of which is the Annual General Membership Meeting (which precedes the Annual Governing Board meeting). Minutes of these meetings are to be taken by each Board Committee Secretary, then reviewed and approved at the next General Meeting. Approved General Meeting Minutes are to be maintained by both the Board Committee and the Governing Board, and posted on an open portal on the RSPTC website in a timely fashion. At these General Meetings, Members have the opportunity to discuss, suggest modifications to, and recommend approval of each of the RGS PTC Board Committee s and/or the RHS PTC Board Committee s: (i) Proposals for their annual budgets; (ii) Suggested nominees for RGS PTC Board Committee Directors and/or Officers and RHS PTC Board Committee Directors and/or Officers; and (iii) Specific issues related to official RGS PTC or RHS PTC Board Committee business, which must include (but are not limited to): (a) Approval of, elimination of, or addition of major Programs/Events; and (b) Board Committees spending changes (i.e., an increase or decrease) of more than $2,000 in a line item in the budget. A majority of the Members present at a General Membership Meeting of RGS PTC Board Committee or RHS PTC Board Committee shall constitute a quorum for the purposes of making recommendations at any General Membership meeting. A minimum of ten (10) Members, including two (2) RGS or RHS PTC Board Committee Directors, must be present at the meeting to constitute a quorum. Members of RGS PTC or RHS PTC Board Committees may request a General Membership Meeting, to address a topic of importance that is duly noted, when seven (7) or more Members submit a written request to the Board Committee President or Secretary. The RGS PTC Board President or the RHS PTC Board President has the option to call a Special Meeting of Members, per this request. Notice of a General Membership Meeting, stating the date, time, and place of the meeting, shall be given to Members electronically, via or another electronic means, and may be contained in other routine communications shared with Members by RGS PTC and/or RHS PTC Board Committees. Such notice shall be delivered at least seven (7) days prior to a meeting, unless a Board Committee President determines that urgent communication is required, in which instance notice shall be given at least two (2) days prior to this Meeting. 11

12 SECTION 5. THE RIVERDALE BOOSTER CLUB NON-BOARD COMMITTEE ( BOOSTER CLUB ) One standing Non-Board Committee of the Governing Board shall be established: The Riverdale Booster Club Non-Board Committee (the Booster Club ). The Booster Club will be overseen by the RHS PTC Board Committee and/or the RGS PTC Board Committee. The Booster Club shall, at a minimum, consist of two Governing Board Directors who serve as co-chairs and who are appointed either by the Governing Board or the Board Committee to which it reports. Unless otherwise determined by the Governing Board or the Board Committee, the term of each Booster Club chair is two (2) years, starting at the beginning of the fiscal year (July 1) following appointment and ending two years later at the end of the respective fiscal year (on June 30). SECTION 6. EXECUTIVE COMMITTEE The Governing Board may elect a Board Committee known as the Executive Committee. The Executive Committee will have the power to make decisions between Governing Board meetings, including financial and budgetary decisions. The Executive Committee must comply with the provisions of these Bylaws concerning the full Governing Board as far as those are reasonably applicable to the Executive Committee; the Executive Committee must have five (5) Directors, to ensure a quorum. All Executive Committee decisions must be recorded in official Minutes, which must be submitted to the full Governing Board for review at the next scheduled meeting. Unless the Governing Board decides otherwise, the Executive Committee will consist of the President, Secretary, one of the co-treasurers of the Corporation, and two other Governing Board Directors, all of whom are simultaneously members of the Governing Board. The Executive Committee must make reasonable efforts to contact all Governing Board Directors prior to meeting, to inform them about the issues to be handled at an Executive Committee meeting. SECTION 7. NOMINATING COMMITTEE The Governing Board may establish a Non-Board standing Committee known as the Nominating Committee. The Nominating Committee shall be responsible for preparing a list of candidates to be considered by the Governing Board in filling positions on the Governing Board. SECTION 8. LIMITATIONS ON POWERS OF COMMITTEES No Board Committee or Non-Board Committee may (i) authorize the sale, lease, exchange or mortgage of all or substantially all of the property and assets of the Corporation; (ii) authorize the dissolution of the Corporation or revoke proceedings therefore; (iii) amend, alter, or repeal the Articles of Incorporation, the Bylaws, or any resolution of the Governing Board; or (iv) authorize the payment of a dividend or any part of the income or profit of the Corporation to its 12

13 Directors or Officers (except with respect to approved reimbursement of expenses or approved compensation for services rendered, per the Articles of Incorporation and Bylaws). SECTION 9. ACTIONS BY COMMITTEES Except as provided in these Bylaws, the vote of a Board or Non-Board Committee shall not be the act of the Corporation, but shall serve as a recommendation for action to the Governing Board. If, and when, it is authorized by the Governing Board, a Board Committee may act for the Corporation, based only on the majority vote of the Board Committee Directors (unless voting rules are otherwise noted in these Bylaws). ARTICLE V: BOOKS AND RECORDS SECTION 1. BOOKS AND RECORDS The Governing Board Secretary shall keep complete books and records of accounts and Minutes of the proceedings of all its meetings and shall make these available for inspection, as provided for by law. Original copies of tax returns shall be maintained in a locked storage. ARTICLE VI: ADMINISTRATIVE AND FINANCIAL MATTERS SECTION 1. BACKGROUND CHECKS The Corporation shall require and cause to be conducted yearly background checks on all Officers, Directors, Committee and Sub-committee chairs and Committee Members, and keep record of these checks. SECTION 2. COMPENSATION OF OFFICERS AND DIRECTORS No Officer or Director of the Governing Board will receive any compensation for fulfilling the responsibilities of a member of the Governing Board or of an Officer, as defined in the Bylaws (Article II. Section 19 Compensation, and Article III. Section 6 Compensation). However, the Corporation may pay compensation to Officers and members of the Board of Directors (or Committees) for other services performed as employees or independent contractors as long as the required rules for Conflicts of Interest are followed. Governing Board members and their relatives who receive regular compensation from the Corporation must always constitute less than a majority of the Governing Board. SECTION 3. CONFLICTS OF INTEREST A conflict of interest is always present whenever the Corporation pays money or other compensation, or provides any tangible benefits, to an Officer or a Director of the Governing Board (or Board and Non-Board Committees), or to a family member. All transactions involving conflicts of interest must be approved using the following procedures: (i) Conflict of interest transactions must be reviewed and voted upon by the full Governing Board; they cannot be approved by a Committee or staff; 13

14 (ii) (iii) (iv) Directors and Officers who have a conflict of interest in any matter must: (a) declare the existence of any direct or indirect conflict of interest; (b) disclose the details of the proposed transaction on the record; (c ) abstain from voting on that matter; (d) leave the room where the vote is to take place, until the votes have been counted; and (e) the Minutes must record this, to show that it was done; The rest of the Board must analyze the transaction and sufficient information to ensure that all transactions involving a conflict of interest are fair to the Corporation and that no special benefits are being given to any person. The information relied upon by the Board, and its source, must be recorded in the Minutes; and All conflict of interest transactions must be approved by the affirmative vote of a majority of all Governing Board Directors who do not have a conflict of interest involved in that issue, as long as no less than two disinterested Directors vote to approve the transaction. Teachers, staff members, or school board members of the Riverdale School District may serve on Non-Board Committees, and may serve as advisors to the Governing Board and standing Board Committees, but have no voting rights. SECTION 4. FINANCIAL CONTROLS The Governing Board of Directors (and Board Committees, as appropriate) shall adopt formal Board policies that provide a system of financial controls that are designed to prevent the misuse, embezzlement or theft of the Corporation s funds and assets, and that are designed to increase the likelihood of detection if those problems or crimes were to occur. Those financial policies shall require that there must be three separate levels of financial operations and that those operations shall be performed by different people: (1) those with the authority to spend the Corporation s money; (2) those who record and track the income and expenditures; and (3) those who oversee the bookkeeping system and the expenditure of funds, e.g., a bookkeeper and/or auditor in the employ of the Corporation. SECTION 5. ANNUAL FINANCIAL ASSESSMENT The Governing Board must require the performance of an annual audit, financial review, financial compilation, financial assessment, or review of financial controls (such as an Agreed Upon Procedures engagement) which must involve the services of a trusted person with bookkeeping skills and knowledge, who does not do the bookkeeping for the Corporation or sign checks for the Corporation. This need not be a formal GAAP audit, but must at least involve a sufficiently thorough review of the Corporation s financial records and/or policies that it is designed to discover any misuse, embezzlement or theft of the Corporation s funds or assets. The Governing Board co-treasurers shall determine the person(s) to perform these functions, and shall ensure that the resulting report is presented to the entire Governing Board. SECTION 6. LOANS No loans shall be contracted on behalf of the Corporation and no evidence of indebtedness shall be issued in its name unless authorized by a resolution of the Governing Board of Directors. Such authority may be general or confined to specific instances. 14

15 SECTION 7. CHECKS AND DRAFTS All checks, drafts, or other orders for the payment of money, notes or other evidence of indebtedness issued in the name of the Corporation shall be signed by two Governing Board Officers ( one co-treasurer and either the President, Vice President or Secretary) of the Governing Board; or, if such power has been delegated, by two standing Board Committee Officers (one co-treasurer and/or the President, Vice President or the Secretary of the Board Committee). (See Article IV. Section 4 Riverdale Grade School Parent Teacher Club ( RGS PTC ) Board Committee and Riverdale High School Parent Teacher Club ( RHS PTC ) Board Committee for steps that must be taken in the event that a standing Board Committee has only one Treasurer). The Governing Board (or, if such power has been delegated, the standing Board Committees) must establish a threshold level below which only one signature of a Treasurer (or President, Vice President, or Secretary, as needed) is required on checks, drafts, or other orders for the payment of money, notes or other evidence of indebtedness issued in the name of the Corporation. Additional signatory power may be granted to such Officer or Officers, agent or agents of the Corporation, and in such manner as shall from time to time be determined by the Governing Board of Directors, but at all times the signatures of two persons shall be required (except as noted for checks et al below a set threshold level). SECTION 8. DEPOSITS All funds of the Corporation not otherwise employed shall be deposited from time to time to the credit of the Corporation in such banks, trust companies, or other depositories as the Governing Board of Directors, or the Board Committees, may select. To the extent practicable, the specific institution(s) where deposits are kept should be the same for both the Governing Board and Board Committee accounts. SECTION 9. RESERVE REQUIREMENTS Each of the two standing Board Committees, at a meeting prior to the Annual Governing Board meeting every fiscal year, shall vote to set aside a reserve of funds (as a contingency for the subsequent fiscal year) in a specified amount. Each standing Board Committee shall simultaneously adopt policies governing the circumstances under which reserve funds may be used. SECTION 10. PUBLICATIONS AND WEB PAGE Officers from each of the two standing Board Committees (e.g., each Board Committee s Communication Chairs, when possible) shall annually review with the Governing Board the structure and general content portrayed in website and other communications media. SECTION 11. SEAL The Corporation shall have no seal. SECTION 12. NONDISCRIMINATION The Corporation will not discriminate in providing services, hiring employees, or otherwise, on 15

16 the basis of gender, race, creed, marital status, sexual orientation, religion, color, age, national origin, disability, or familial status. ARTICLE VII: AMENDMENTS SECTION 1. ARTICLES OF INCORPORATION AND BYLAWS The affirmative vote of at least two-thirds (2/3) of all the Directors in office, at a properly called meeting, is necessary and sufficient to make, alter, amend, or repeal the Bylaws or the Articles of Incorporation of Riverdale Schools Parent Teacher Club, Inc., except as otherwise provided by law. Proper written and/or electronic notice must be given to all Directors seven (7) days in advance, including either a written copy of the proposed amendments or a written summary of those amendments. CERTIFICATE OF SECRETARY I, the undersigned, do hereby certify that the foregoing Bylaws constitute the Bylaws of the Riverdale Schools Parent Teacher Club, Incorporated, and were duly adopted by the Governing Board on June, Secretary 16

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