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IRS Conflict of Interest Statement

16 years 5 months ago #140903 by JHB
Here are the Executive Board (or Board of Directors) definition from a couple of PTOs to which I belonged. One used the other as a template - hence the similarity.

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The Executive Board shall consist of the elected officers, the Past President if willing and available, the Principal of the school (or a representative appointed by the principal), a representative elected from and by the school’s professional staff, and the chairpersons of the standing committees. The Executive Board may appoint additional positions as needed.
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The Executive Board shall consist of the elected officers, the Past President, the Principal of the school (or a representative appointed by the principal), the Vice-Principal of the school, two representatives elected from and by the school’s professional staff, and the chairpersons of the standing committees. The Executive Board may appoint additional positions as needed.
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You might want to consider that last statement about appointing additional members. In our case, for elementary school we added a parent rep from each grade and the chairs of ad hoc committees which was an order of business at the first meeting of the year.
16 years 5 months ago #140902 by JHB
Yes, that would be correct if your Board is that small. In that case, it wouldn't really matter whether you said "elected officer" or listed them. Elsewhere in your bylaws, it should define the elected positions.

You don't have any school reps (even non-voting) or Volunteer Coordinator or other positions on the Board?
16 years 5 months ago #140874 by Kayla
Replied by Kayla on topic RE: IRS Conflict of Interest Statement
It would be ok,then, to state that our Board of Directors will be comprised of our elected officers-President, V.P., Secretary and Treasurer? The Board will then change as the elected officers change. This is a proper way that some PTOs handle the set up in their bylaws? Thanks yet again!
16 years 5 months ago #140842 by JHB
I would tend to use terms Directors, Trustees, and Board Members interchangeably. (Board of Directors, Board of Trustees). But officers are usually a subset of that.

"Officer" (as typically used in a PTO situation) tends to refer to anyone currently filling an elected position, which might include: President, Vice President, Secretary, Treasurer, and perhaps Parliamentarian. (Some groups have multiple VP's or secretaries; some don't have parliamentarian as an elected officer.)

Depending on your bylaws, the Board might be comprised of Elected Officers, past president, president elect, principal, vice principal, teacher reps, committee chairs, and perhaps parent or grade reps.

In my opinion, the more power the board has to transact the day to day business, the larger and more diverse it should be. My most active PTO held general meetings once per semester and the Board made all other decisions, so we needed a big Board. We had 20-30 members.
16 years 5 months ago #140841 by JHB
No - I wouldn't put it in the bylaws. At most it would be a reference point.

I'd make a formal recommendation that PTO accept the final version of the conflict of interest policy your group decides to use. Tweak it so it has your PTO name, then add the adoption date and save it with your formal documents.

In the bylaws, look to see if there's some sort of general statement about PTO officers and members adhering to PTO policies. If not you may want one or even to list specifically in the bylaws some mention of the conflict of interest policy.

As you go on your group may have other official policy and procedure documents, such as those dealing with cash handling or end of year audit. But when they are detailed like this, let them be their own documents.

But don't just forget about the conflict of interest policy. At least reference it now and then so the groups knows there is one.
16 years 5 months ago #140827 by Kayla
Replied by Kayla on topic RE: IRS Conflict of Interest Statement
I just thought of yet another point that I am not sure on: I have read so much on the topic of non profits, and the terms Directors, Trustees, Officers and Board Members are used. Are these, or can these be, all one in the same in the eyes of the IRS and State agencies? We have only a President, Vice President, Secretary and Treasurer. We are the ones who incorporated the group and are now doing the Form 1023 for submission to the IRS. Are we also the other 3 titles? Thanks for the clarification.
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