BYLAWS
of
The PTO of Hawks Nest STEAM Academy
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Article 1: Name/Articles of Organization/Description
A. The name of this organization is The PTO of Hawks Nest STEAM Academy (herein
referred to as the “Organization”).
B. The Articles of Organization of the Organization include (a) the bylaws of the
Organization and (b) Articles of Incorporation of the Organization.
C. The Organization is a non-profit organization that exists exclusively for one of more of
the purposes as specified in section 501(c)(3) of the Internal Revenue Code, or the
corresponding section of any future federal tax code.
Article 2: Office Location
A. The offices of the Organization shall be located at 3430 Robinwood Road, Gastonia,
North Carolina 28054,
B. The Organization may also have offices at such other places, either within or without the
State of North Carolina, as the Officers may from time to time determine or as the
Organization may require,
Article 3: Purpose
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The objectives of the Organization are:
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A. To promote the welfare of children and youth in home, school, and community.
B. To raise the standards of home life.
C. To bring into closer relation the home and the school, so that parents and teachers may
cooperate intelligently in the education of children and youth.
D. To develop between parents, educators and the general public such united efforts as will
secure for all children and youth the highest advantages in physical, mental and social
education through volunteerism and financial support.
Article 4: Basic Policies/Activities
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A. The Organization shall be non-commercial, non-sectarian and non-partisan.
B. The Organization shall only engage in lawful acts or activities for which corporations may
be organized under the laws of the State of North Carolina.
C. Notwithstanding any other provisions of these Bylaws, the Organization shall not engage
in any activities not permitted to be carried on by an organization exempt from federal
income tax under section 501(c)(3) of the Internal Revenue Code or any corresponding,
future federal tax code.
D. No substantial part-of the activities of the Organization shall be the carrying on of
propaganda, or otherwise attempting to influence legislation, and the Organization on shall
not participate in, or intervene in (including the publishing or distribution of statements)
any political campaign on behalf of or in opposition to any candidate for public. office,
Notwithstanditig any other provision of these Bylaws, the ‘Organization shall not engage in
any activities or exercise any powers that are not in furtherance of the purpose of the
Organization, as set forth in Article 3 of these Bylaws.
E. At all times, the Organization shall comply with the rules and procedures outlined in the
PTA, PTO and Booster Club Organization Reference Booklet.as in effect from time to
time and published by Gaston County Schools.
F. The Organization must obtain prior approval from the Principal of Hawks Nest STEAM
Academy for the following:
a. Any fundraising event;
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b. Any purchase for Hawks Nest STEAM Academy,
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c. Any function of activity involving participation by Hawks Nest STEAM
Academy students and/or staff/teachers; and
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d. Any event which is likely to reflect upon Hawks Nest STEAM Academy or
Gaston County Schools,
Article 5— Membership/Dues
A. In order to be a Member of the Organization (herein referred to as “Member”), two
requirements must be met:
a. The prospective member must be either a Parent/Guardian of a student currently
enrolled at Hawks Nest STEAM Academy or a teacher/staff member currently
employed by Hawks Nest STEAM Academy; and
b. The prospective member must pay annual dues to the Organization, as set forth in
Section F below.
B. Every individual who is a Member is entitled to all benefits of such membership. ~
C. Membership in the Organization shall be made available without regard to race, color,
creed or national origin.
D. The Organization shall conduct an annual enrolment of Members, but-persons may be
admitted to membership at any time, Records of membership forms of enrolled
Members, complete with contact information and record of membership fee paid, shall be
maintained for each applicable school year.
E. Only Members shall be eligible to do the following:
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a. Participate in meetings of the Members (herein referred to as “Membership
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​b. Vote at Membership Meetings and Special Meetings; and
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c. Serve in any of the Organization’s elected or appointed positions.
F. Membership dues shall be assessed one time per household annually in an amount as
determined by a majority. vote of the Executive Board at its first Executive Board
Meeting.
G. Annual membership dues are non-refundable.
H. Eight (8) Members must be present constitute a quorum of the Organization for the
purpose of voting.
I. Members may be removed from membership in the Organization for good cause by a
majority vote of the Executive Board and Committee Chairpersons. Removed Members
will be notified in writing by the President.
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Article 6 — Membership Meetings
A. No less than two (2) Membership Meetings shall be held during the school year: Dates
of Membership Meetings shall be determined by the Executive Board and announced at
the first Membership Meeting of the school year.
B. A Special Meeting of Members may be called by the President or by a majority of the
Executive Board, Severi (7) days notice shall be given to Members as to arty Special
Meeting.
C. Proxy voting a by Members at any Membership Meeting or Special Meeting is prohibited.
Article 7~ Officers and Their Election
A. The Organization shall have the following Officers (herein referred to as “Officers”):
one (1) President, one (1) Vice President, one (1) Secretary and one (1) Treasurer.
B. Election of Officers:
a. Officers for the upcoming fiscal year stall be elected by ballot at the last
Membership Meeting of the preceding fiscal year. However, if there is but one
nominee for arty office, election for that office may. be made by voice vote.
b. Officers assume their official duties as of July i and shall serve for terms of one
(1) year.
c. A person shall not be eligible to serve more than two (2) consecutive terms in the same office.
d. In order to be eligible to serve as President of the Organization, an individual
must have previously served either on the Executive Board of the Organization or
as a Committee Chairperson of the Organization for not less than one (1) year.
Notwithstanding the foregoing, if there are no eligible candidates willing to serve
as President, nominations of any Member will be considered.
C. Nominating of Officers:
a. The Executive Board shall give notice to all Members no less than fourteen (14)
days prior to the election of Officers that nominees ate being accepted for any
available officer position. Names of nominees should be submitted to the
Executive Board no less than seven (7) days prior to the election date. Nominees
shall submit to the Executive Board such information regarding qualifications of
said nominee for the desired position ag the Executive Board may reasonably
request,
b. Only those persons who have signified their consent to serve if elected shall be
nominated for or elected to such office.
D. Vacancy of Office.
a. A vacancy occurring in any office shall be filled for the unexpired term by a
willing Member of the Organization elected by 4 majority vote of the remaining
members of the Executive Board.
b. In such a case a Vacancy occurs in the office of President, then the Vice President
shall assume the office of President for the unexpired term and the Executive
Board, by majority vote, shall fill the office of Vice President with a willing
member of the Organization for the unexpired term.
E. Removal of Officer.
a. An Officer may be removed from their position for failure to fulfill his/her duties,
after reasonable notice, by a majority vote of the Executive Board.
b. Removed Officers shall be notified in writing by the President.
Article 8 — Duties of Officers
A. The President shall preside at all meetings of the Organization and of the Executive
Board, shall perform such other duties as may be prescribed in these Bylaws or assigned
to him/her by the Organization or by the Executive Board, shall be a member ex-officio
of all committees and shall coordinate the work of the Officers and Committees of the
Organization in order that the purposes of the Organization may be promoted, as stated in
Article 3. The President, along with the Vice President, shall have the authority to sign
all contracts of the Organization that have been approved by both the Principal of Hawks
Nest STEAM Academy AND either the Members or the Executive Board
B. The Vice President shall act as aide to the President, shall in their designated order
perform the duties of the President in the absence or inability of the President to act and
shall perform such other duties as may be delegated to him/her.
C. The Secretary shall record and keep copies of the minutes of all meetings of the
Organization and of the Executive Board, shall have a current copy of the Bylaws,
Articles of Incorporation and such other information as reasonably requested by the
Executive Board, shall maintain a membership list in the absence of a Membership
Chairperson and shall! perform other such duties as may be delegated to him/her.
D. The Treasurer shall have custody of all of the funds of the Organization, shall keep a full
and accurate account of receipts and expenditures in a computer-based accounting
system, shall reconcile the Organization’s bank account(s) monthly and in accordance
with the budget adopted by the Organization, shall make disbursements as authorized by
the Executive Board. The Treasurer shall prepare a year-end financial report by June 30
showing total income and expenditures for the fiscal year, comparing those figures with
the Organization’s budget approved at the beginning of the fiscal year, and the assets and
abilities of the Organization and submit that report to the incoming President, Treasurer
and Audit Committee; shall File all required tax forms and reports in a timely manner,
including but not limited to tax returns for the previous fiscal year, and submit copies of
all such filings to the Secretary of the Organization. "The Treasurer shall present a
financial statement at every meeting of the Organization and at any other time when
requested by the Executive Board and shall make a full report at the final Membership
Meeting of the school year.
E. All Officers shall:
a. Perform the duties outlined in these bylaws and those assigned from time to time
in order that the purposes of the. Organization may be promoted, as stated in
Article 3.
b. Complete the application process and become an approved school volunteer
through the official Gaston County Schools volunteer program.
c. Upon the expiration of the term of office or in case Of resignation or removal,
each Officer shall tum over to the President, without delay, all records, books and
other materials pertaining to the Office and shall return to the Treasurer, without
delay, any funds pertaining to the Office.
Article 9 - Executive Board
A. The Executive Board of the Organization (herein referred to as “Executive Board”) shall
consist of the Officers of the Organization and the Principal of Hawks Nest STEAM
Academy (or a representative appointed by him/her).
B. The duties of the Executive Board shall be:
a. To transact necessary business in the intervals between Membership Meetings and
such other business as may be referred to by the Organization
b. To create Standing Committees and Special Committees:
c. To determine the duties and responsibilities for Standing Committees and Special
Committees;
d. To select a Chairperson for each Standing Committee and Special Committee
e. To establish an Auditing Committee annually, pursuant to Article 11, Section H;
f. To approve the plans of work of the Standing Committees and Special
Committees;
g. To present a report at the Member meeting of the Organization;
h, To prepare and submit to the Organization for adoption a budget for-the-year; and
i. To approve routine bills within the limits of the budget.
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C. Regular meetings of the Executive Board shall be held during the school year, the time to be fixed by the Executive Board at its first meeting of the year. A majority of the Executive Board members shall constitute a quorum. Special Meetings of the Executive Board may be called by the President or a majority of the Executive Board with three (3) days notice being given.
Article 10 — Committees
A. Committees of the Organization (herein referred to as “Committees” may consist of
Members and Executive Board members.
B. Each Committee shall have a Committee Chairperson, appointed by the Executive Board,
to serve for the school year, with the exception that the Audit Committee shall be
organized in accordance with Article 11(H) below. The President shall act as ex-officio
member of all committees.
C. Once appointed by the Executive Board, the Chairperson of each Committee shall do the
following:
a. Appoint members to their Committee,
b. Schedule meetings for their Committee;
c. Attend meetings with the Executive Board monthly or as determined by the
Executive Board;
d, Perform the duties outlined by the Executive Board and those assigned from time
to time in order that the purposes of the Organization may be promoted, as stated
in Article 3; and
e. Complete the application process and become an approved school volunteer
through the official Gaston County Schools volunteer program.
D. If a Committee Chairperson resigns or if their position otherwise. becomes vacant, the
President in his/her sole discretion shall appoint a willing Member to assume the role fer
the remainder of the school year;
E. A Committee Chairperson may be removed from their position for failure to fulfill
his/her duties, after reasonable notice, by a majority vote of the Executive Board.
Removed Committee Chairpersons shall be notified in writing by the President.
Article 11 — Financial Policies
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A. The fiscal year of the Organization begins July 1 and ends June 30 of the following year.
B. The annual budget for the upcoming school year shall be adopted by a majority vote of
the Members present at the final Membership Meeting of the school year. Changes to the
annual budget in excess of $2,000.00 shall require majority vote of Members present at
any Membership Meeting or Special Meeting.
C. All of the Organization’s funds shall be kept in a checking account in the name of the
Organization, held at a local financial institution.
D. Checks or vouchers issued by the Organization shall be signed by two Officers of the
Organization, one of which must be either the President or the Treasurer.
E. Authority for any and all distribution of funds or commitment to the distribution of funds
requires the signature of two Officers of the Organization, one of which must be either
the President or the Treasurer and shall be in accordance with the Annual Budget.
Expenditures in excess of the Annual Budget by more than $2,000.00 shall require
Membership approval by majority vote of Members present at any Membership Meeting
or Special Meeting.
F. Ail of the Organization’s financial activity shall be recorded in computer-based
accounting system,
G. The Organization shall leave a minimum of $2,000.00 in the treasury at the end of each
fiscal year.
H. Annual Audit of Accounts.
a. The Treasurer’s accounts shall be examined annually by an Audit Committee of
not less than three (3) Members, who, satisfied that the Treasurer’s annual report
is correct, shall sign a statement of fact at the end of the report,
db. The Executive Board shall select the Audit Committee by majority vote at least
two weeks before the last Executive Board meeting of the school year.
c. The Executive Board shall give notice to all Members no Jess than fourteen (14)
days prior to the selection of the Audit Committee that they ate accepting
nominees for the Audit Committee, Names of nominees and a brief description of
their background/qualifications should be submitted to the Executive Board hot
less than seven (7) days prior to the voting date. Members currently serving on
the Executive Board are not eligible to be nominated for or appointed to the Audit
Committee.
d. The audit of accounts for the prior fiscal year should be completed no later than
July 31.
I. No part of the net earnings of the corporation shall inure to the benefit of or be Distributed to its members, Officers, or other private persons, except that the Organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article 3 of these Bylaws.
J. To the fullest extent permitted by the North Carolina Nonprofit Corporation Act as it
exists or may hereafter be amended, no person who is serving or who has served as an
Officer shall be personally liable to the Organization for monetary damages for breach of
duty as an Officer. No amendment or repeal of this section, nor the adoption of any
provision to these Bylaws inconsistent with this section, shall eliminate or reduce the
protection granted herein with respect to any matter that occurred prior to such
amendment, repeal, or adoption.
Article 12 — Parliamentary Authority
The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall
govern the Organization and constituent organizations in all cases in which they are
applicable and in which they are not in conflict with these Bylaws.
Article 13 —- Amendments to Bylaws
A. These Bylaws may be amended at any regular meeting of the Organization by a two-
thirds (2/3) vote of the members present and voting, provided that notice of the proposed
amendment shall have been given at least thirty (30) days prior to the meeting at which
the amendment is voted upon.
B. A committee may be appointed by the Executive Board to submit a revised set of Bylaws
as a substitute for the existing Bylaws only by majority vote at a meeting of the
Organization or by a majority-vote of the Executive Board. The requirements for
adoption of a revised set of Bylaws shall be the same as in the case of an amendment, as
outlined in subsection A above:
Article 14 — Dissolution
A. Dissolution of the Organization shall be considered at a Special Meeting held separate
and apart from Membership and Executive Board meetings. Notice of the Special
Meeting shall be given to all Members at least thirty (30) days prior to the occurrence of
the Special Meeting.
B. Dissolution requires two thirds (2/3) approval of all Members present and voting at the
Special Meeting.
C. Upon dissolution of the Organization, after paying or adequately providing for the debts
and obligations of the Organization, the remaining assets shall be donated to Hawks Nest
STEAM Academy of atty other non-profit organization whose purpose is to benefit the
students or teachers of Hawks Nest STEAM Academy or another Gaston County School
as designated by the then current Executive Board by majority vote.