Hablemos! Supporters of Gardner Academy

Hablemos! Supporters of Gardner Elementary Academy

PTO BYLAWS – UPDATED 5/2024

ARTICLE I – NAME, DESCRIPTION & PURPOSE 

Section 1: NAME – The name of the organization is “Hablemos! Supporters of Gardner Academy” and is located at 502 Illinois Ave, San Jose, CA 95125. 

Section 2: DESCRIPTION – The PTO is a non-profit organization that exists to fundraise, enhance the educational experience of the students, and enrich the community, including the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3) of the Internal Revenue Code. 

Section 3: PURPOSE – The purpose of the PTO at Gardner Academy is to support students and staff both academically and socially, to embrace families within the school community, to raise funds for extracurricular activities, and to promote bilingualism, biliteracy, and diversity. 

ARTICLE II – MEMBERSHIP 

Section 1: Membership shall be automatically granted to all parents and guardians of (our school) students and all Gardner Academy staff. There are no membership dues. Members have voting privileges, one vote per household.  

ARTICLE III – OFFICERS / Advisory Committee / Volunteer Parent Group

Section 1: EXECUTIVE BOARD – The Executive Board shall consist of the following officers: President, Vice President, Secretary, Communications Secretary, Co Communications Secretary, and Treasurer and Co-Treasurer. At the discretion of the PTO Officers. Positions can be shared. The School Principal, or his/her designee, is a voting member of the Executive Board. 

Section 2: TERM OF OFFICE – The term of office for all officers is a minimum of one year, beginning immediately upon election and ending upon officer election the following school year. Members must run and be voted for office on a yearly basis.  

Clause 1: Elections will be held at the end of April in order to transition the new board members into their roles for the following academic year and participate in the biggest fundraiser for Gardner (walk-a-thon/caminata). 

Clause 2: When possible, officers will serve for two years and rotate out in coordination with other officers. This is to minimize the likelihood that an entire Executive Board would be replaced in a single year in order to maintain the continuity of the business and functionality of the Executive Board of the PTO. 

Clause 3: To avoid conflicts of interest, only one member per household is eligible to accept nomination and participate in the election for the Executive Board of the PTO. This measure aims to: 

• Prevent the loss of two board members in case of resignation
• Ensure that checks and balances are in place for the access of monetary funds by Executive members
• Provide community representation
• Not limit the seats available for other Gardner parents and exclude new ideas and opinions.

Section 3: QUALIFICATIONS – Any PTO member in good standing may become an officer of the PTO.  Not in good standing includes the below,  

• Speaking negatively about the (PTO) Executive Board Members that can tarnish the reputation of Hablemos! Supporters of Gardner 
• Making statements to Gardner’s parents about taking legal action against the PTO
• Refusing mediation- after accusing/or addressing an issue with the PTO
• Falsely accused without merit
• Providing a false reason for Resigning (Permanently disqualifying from running in any future Executive Board positions)

Section 4: DUTIES – Executive Board – Develops the PTO’s annual budget, establishes and oversees committees to conduct the work of the PTO, and establishes fundraising programs. Monetary duties will not be transferred to another PTO member who does not have financial authorization of Hablemos! Supporters of Gardner financial account. 

President: Preside at General PTO meetings and Executive Board meetings, serve as the official representative of the PTO, and retain all official records of the PTO. Oversees the committee system of the PTO and coordinates and assists in the general monthly meetings.  

Vice President:  Oversee fundraising efforts of the PTO, support the President and chair meetings along with the President  in the general monthly meetings. 

Secretary:  Record and distribute minutes of all Executive Board meetings and all General PTO meetings, prepare agendas for official PTO meetings, hold historical records for the PTO, work with the president to schedule and prepare agenda for meetings, coordinate bank signatory sign-over in support of new members, yearly as acquired, develop and maintain PTO master calendar.

Co-Secretary: Assist the Secretary with recording and distribute minutes of all Executive Board meetings and all General PTO meetings, prepare agendas for official PTO meetings, hold historical records for the PTO, work with the president to schedule and prepare agenda for meetings, coordinate bank signatory sign-over in support of new members, yearly as acquired, develop and maintain PTO master calendar.

Communications Secretary: Manage communications and marketing for the PTO including, but not limited to PTO newsletters, email broadcasts, website, social media, meeting links, bulletin boards, etc., Keep open communication with as a liaison with SELAC, Site Committee and Gardner community. 

Co-Communications Secretary: This person will work with the Communications Secretary to create PTO newsletters, email broadcasts, websites, social media, meeting links, bulletin boards, etc. 

Treasurer: Serves as custodian of the PTO’s finances, collects revenue, pays authorized expenses owed by the PTO, receives and deposits monies for the organization within 1-2 days after the event, reports financial activity every month,  prepares an annual and year-end financial report on excel or QuickBooks, files all necessary filings with the State and IRS, holds all financial records, audit the previous PTO expenditure report as required by the state, submit SOC form to the school district( at the start of the new year ), update insurance (due in May), update Venmo information. Will also provide monthly expense reports and incoming revenue at the general meetings. 

Co-Treasurers: Assist the Treasurer and serve as custodian of the PTO’s finances,  collect revenue, pay authorized expenses owed by the PTO, receive and deposit monies for the organization within 1-2 days after event, report financial activity every month, prepare an annual and year-end financial report on excel or QuickBooks, hold all financial records, audit the previous PTO expenditure report as required by the state, submit SOC form to the school district( at the start of the new year ), update insurance (due in May), update Venmo information. Assist if the Treasurer cannot provide financial updates in the monthly general meeting.  

Advisory Committee 

Any current Board member may invoke the Advisory Committee. This committee will assist with ongoing business and fundraising or provide clarification on previous PTO fundraising or decisions. The Advisory Committee will comprise previous board members who have served a full term of service. All conversations held within the committee will adhere to the code of conduct and confidentiality agreement. 

Volunteer Parent Group

The board may choose to have a Volunteer Parent Group that consists of the following members below,   

• VP of Volunteers & Hospitality: Coordinate volunteer recruitment, help oversee PTO hospitality at events, and communicate with Gardner Neighborhood. They will assist event chairs with scheduling and managing volunteers and connect interested volunteers with PTO needs. The VP of Hospitality will arrange refreshments at PTO events. The VP will adhere to the allocated budget, attend monthly meetings and participate in decision-making. The position requires 5-10 hours/month, with the busiest time being back-to-school and PTO functions. 

• VP of Events/Spirit is responsible for boosting school spirit by managing various activities and events as assigned by the Executive Board. Other volunteers may assist in coordinating events, but the VP of Spirit will help oversee them to ensure the event is a success. This position requires a monthly commitment of approximately 10 hours and attendance at PTO board meetings to present a report on subcommittee activities and budgets. 

• VP of Communication and Service is responsible for assisting the Secretary of Communication with social media for Gardner Elementary by helping put up flyers of current events. They also oversee and keep PTO inventory in the Parent Room, Cafeteria closet, and Walk-A-Thon t-shirt. This position requires a monthly time commitment of approximately 10 hours and attendance at PTO board meetings.  

• VP of Development coordinates and secures business sponsorships, submits grant applications, employer campaign giving and help oversee activities as needed. This position requires a monthly time commitment of approximately 10 hours a month and attendance at PTO board meetings.  

• VP of Programs will find, suggest, and manage programs that support students’ academic enrichment for After-School Enrichment Programs, Family Nights, and PTO Events and attendance at PTO board meetings.  

Section 5: REMOVAL – An officer can be removed from office for failure to fulfill his/her duties, after reasonable notice, by a majority vote of the Executive Board. 

Section 6: VACANCY – If a vacancy occurs on the Executive Board shall offer the position to the candidate who was runner up in the voting ballot. This will allow the PTO executive board to fill the vacancy,  for the remainder of the officer’s term.  

Section 7: Special Emergency Meetings: Any two (2) Executive Board Members may call a special emergency meeting. A Notice shall be sent to the Executive Board members providing a minimum of 24 hours prior to the meeting.  This may also include Gardner’s Parents. 

Section 8: Voting:  Executive Board meetings shall be open to Gardner Parents who are interested; however, the privilege of making motions and voting is limited to the Executive Board Members and One (1) Teacher representative. 

Section 10: Privacy and Confidentiality Agreement; As an Elected Board Member for Hablemos! Supporters of Gardner Academy Elementary will adhere to the Code of Conduct and Confidentiality Agreement. This details the nondisclosure of PTO affairs, decisions, disagreements, and with anyone outside the appropriate parties. Confidentiality matters include Students, Teachers, and PTO Affairs ( conversations via text, verbal, or electronically). Any PTO board member who fails to comply will be removed and asked to vacate from the Executive Committee. All elected executive board Members are required to sign the Confidentiality Agreement.  

ARTICLE IV – MEETINGS / VOTING/COMMUNICATION/CONFLICT OF RESOLUTION

Section 1: General and Executive BOARD MEETINGS

Executive Board Meetings shall be held to conduct the business of the PTO. Meetings shall be held monthly during the school year or at the discretion of the Executive Board. The Executive Board is expected to meet once a month during the school year. However, Additional meetings are required to finish PTO business and any board member has the discretion to call for additional meetings. These meetings will be scheduled to occur 1-2 times a month, depending on the amount of PTO business. At the end of each meeting, the subsequent meeting will be scheduled. All PTO members should attend the Executive Board meetings in order to conduct PTO business. 

General Meetings: Will be once a month and must be attended by the Executive Board members. A presentation and agenda should be prepared. The meeting will be conducted by the President, the Vice President will assist as needed, the Recording Secretary will be present to take meeting notes/attendance, the treasurer will provide monthly financial reports (incoming and outgoing expenses) to be shared with the Gardner Parents in the Presidents presentation.  . 

Section 2: VOTING – Each member attending a PTO meeting is eligible to vote, limiting one vote per household. Absentee or proxy votes are not allowed.

Section 3: The election notice should be available in the language spoken by parents at the school; the PTO may request assistance with translation from the principal or school district for any forms requiring translation. 

Section 4: All candidates must attend the meeting held if nominated and accepted the nomination for the upcoming year PTO Board. This will allow candidates to introduce themselves and allow parents to get familiar with the nominee.  

Section 5: School officials are forbidden from direct or indirect interference with the election process. The school’s role is for COMMUNICATION ONLY. The PTO will provide all verbiage for all communication messages that will be sent to Gardner Parents. 

Section 6: All Members of the PTO are eligible to vote. All voting will be conducted by paper ballot and must be counted immediately following the conclusion of the voting in the presence of three PTO Board members and an appointed Gardner Staff member or Principal. 

Section 7: If three mandatory officers are not elected by the last day of school, the PTO must hold an expedited election by or before September 15. 

Section 8: QUORUM- Four (4) members of the PTO present and voting constitutes quorum for the purpose of voting

Section 9: Conflict Resolution Process: Mediation/Negotiation

If any parent has concerns related to PTO business, they should email the PTO Executive Board to address the problem. The Parent must be a participating volunteer and/or frequent PTO meeting attendee in order to address any PTO concern.

Once the concern is reviewed, the PTO Executive Board and concerned parents will address the concern in a General Meeting providing a public forum and parent participation. The parent will address their concern and The Executive Board will be allowed to offer a rebuttal. All Gardner Elementary parents will be notified of the meeting and asked for input depending on the issue at hand. 

 The PTO will request a previous board member to assist in the mediation process in order to address concerns and serve as a neutral party. If no resolution is achieved, the PTO will hire legal representation to mediate the problem and inform the Gardner parents of the legal expense Hablemos! Supporters of Gardner will need to cover.

ARTICLE V – FINANCIAL POLICIES 

Section 1: FISCAL YEAR – The fiscal year of the PTO begins August 1 and ends July 31 of the following year. 

Section 2: BANKING – All funds shall be kept in a checking account under the name of Gardner Hablemos. The account will require two signatures from the Executive Board members, namely the President and Secretary, and will be held at a local financial institution. Both the President and Secretary will have full access to the account. The Two Co-Treasurers will be authorized to move funds. Fundraising event deposits must be made within one to two days after the event. 

Section 3: REPORTING – All financial activity shall be recorded in a manual or computer-based accounting system. The Treasurer shall reconcile the account(s) monthly and report all financial activity monthly. The PTO shall arrange an independent review of its financial records each year. 

Section 3: ENDING BALANCE – The organization shall leave a minimum of $10,000.00 in the treasury at the end of each fiscal year.

Section 4: CONTRACTS – Contract signing authority is limited to the President or the President’s designee. 

ARTICLE VI – BYLAW AMENDMENTS 

Any PTO member may propose amendments to the bylaws. Amendments presented at a PTO meeting shall be considered for voting at a subsequent meeting.  A unanimous approval of all Executive members present and voting is required to amend the Bylaws. 

ARTICLE VII – DISSOLUTION 

In the event of the PTO’s dissolution, any remaining funds shall be donated evenly to Gardner Academy Teachers as a teacher’s stipend for school supplies and the library for new books, as well as academic enrichment (field trips).  

ARTICLE VIII – PARLIAMENTARY AUTHORITY 

The authority for this organization shall be “Robert’s Rules of Order Newly Revised.”  

These bylaws were adopted on 2017, revised in 2024 

CONFIDENTIALITY AGREEMENT

All conversations, whether via text, email, or verbal communication, will be kept confidential. Your cooperation in following the confidentiality requirements is expected and appreciated.