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Can principal overrule the bylaws

17 years 1 month ago #130835 by WFS
Our account was created with the signatures of the President AND Tresurer needed on all checks. So even if the Treasurer was removed, I as President couldn't write a check until she went to the bank to take her name off the account & another name put on. Hopefully, your account is set up for 2 signatures required. If not, speak to the bank immediately.
Also, you can have a meeting anywhere you want. Meet at a local diner or coffee shop and hold your meeting. The day or evening of you usual meeting, put a note on the door that the location was moved to..... and everyone will just go there. Use your phone chain, pto membership list or whatever you have to call families to notify them since sending a memo home will probably not be possible either.
I'm sure this will blow over, but you need to address the big stuff now and set up a meeting with the principal to come to terms on this. If you are 501C, the principal cannot change the bylaws or bully their way to make changes. If you don't get any cooperation with the principal, go above his head. Seems that the teacher/treasurer & the principal are acting on feelings and not being level headed or mature about the situation

Making a positive difference one project at a time <img src=images/smilies/smile.gif>
17 years 1 month ago #130757 by peace
Our board voted to have the treasurer removed. However, today we received notification from her with a copy to adminstration that we can no longer meet on school property. We had a meeting scheduled for this Thursday for election nominations. Elections are to me held next month. What do we do? If we sent a letter to treasurer stating the board voted to have them removed and the principal will not let us meet. What will happen to the money.
17 years 1 month ago #129950 by pals
I have a different feeling on this, first the principal should not have the money from the pto. My difference is your question is the bylaws and whether a principal can override them. If you are a 501 then they for sure can not overturn your bylaws unless it is written in them. If you are not 501 and work off of your school probably they can't but the freedom to do so is easier. We don't use Roberts Rules so maybe someone who does can tell you. The only thing is with any principal they can make your life miserable and that may get tough. We are 501 and our bylaws do state that we can not go against our school or district policies or rules, any time they can they will be voided and the decision of the school stands. Is that safe? well it has saved us in one occasion that I know and it is always nice to show you are willing to work with you school.
The only thing besides the money I am concerned about is the lack of new officers before a new year, it seems like it will be tough getting going off on the right foot, I would bring this up, it has to make planning hard! Just my two cents. You need to start your year up and going!!

&quot;When you stop learning you stop growing.&quot;
17 years 1 month ago #129935 by CrewChief
Is the principal on the account? If so, remove him immediately. He certainly isn't trying very hard to cover his motives. He's a bully and is counting on everyone looking the other way.

The treasurer, if her term is ended, cannot rightfully sign checks for the account, would be in major violation of the bylaws and personally opens herself up to legal complications. Maybe a gentle reminder of what embezzlement is and the punishments for it would be enough to stop her from being part of this plan.

Right now, the treasurer/teacher is between a rock and a hard place. She needs to fight for herself to get out of this situation.

The PTO is looking with both eyes open at serious financial problems. To continue to walk into it, knowing full well what the risks are, is weak and irresponsible.

Another thing to consider. If you run out your terms and do not elect new officers, would you appear to be a dissolved organization? The principal, if he has a grander plan, may declare your organization dissolved, seize all funds, and then start over with a new parent group who is more accomodating to his needs.

Here's what I would do:

1. Make sure the principal IS NOT on the checking account.

2. If she's willing, remove the treasurer as well and make the two official signers the current president and vice-president. Take the checkbook away from her. She can then say she can't write checks for the principal and really mean it.

3. Move forward with the election process as outlined in your bylaws. If the principal makes it impossible to do so through normal school/building avenues then run the process through outside sources and hold the elections at a neutral location.

4. Get all communications from the principal in writing to have for official records. If he's unwilling to put anything in writing then your instincts about him are probably accurate.

Some people come into our lives and quickly go. Some stay for awhile and leave footprints on our hearts. And we are never, ever the same."

"The ultimate aim of karate lies not in victory or defeat but in the true perfection of one's character."
17 years 1 month ago #129933 by peace
our PTO three members on the board are parents. Our treasurer is a teacher. We have had conflict where board members would receive email asking for approvals on funds or issues that the other members felt should be brought to a scheduled PTO meeting. The treasurer has not always liked the responses and wanted answers now. She went to the principal. We have ask the principal to help and never stepped in until she went to him. Since our bylaws state that nominations will be held in April and new officers in May. Our principal rather that stating we need to have meeting has told the treasurer/teacher to email the other board members to say our terms will end as scheduled by the bylaws but not new elections until next year.

Our concern is since her name is on the account she will write checks for things not approved of by the members of the PTO even if her term has ended.
17 years 1 month ago #129928 by WFS
Replied by WFS on topic RE: Can principal overrule the bylaws
Agree with all comments above. Bylaws are the law and must be adhered to. If it clearly states when the nominations, elections and new officers take office, then it must be followed. The only reason I can think of for not having new officer elections until Sept is to have a parent entering the school be nominated and obtain a position on the board. However, if the bylaws state that persons nominated must have volunteered, been a chairperson or attended so many meetings to be considered a viable candidate, he/she would not be eligible. Just politely remind your principal that the PTO is obligated to follow the bylaws and refer to the passage. In addition, you MUST have a person(s) in place at all time to manage the bank account. There are bills that come in during the summer and checks need to be paid.
Our bylaws clearly state the election process and also state that the budget is to be presented at the first meeting of the new year. Therefore, it must be created over the summer. So we would never be able to postpone elections or do anything your principal is requesting. I also feel that having the principal on the Executive Board or a controlling member of the bank account is a conflict of interests. Although those are our children we are raising the money for, its the administration that approves our plans for the year. For the principal to manage the money is an opportunity for money to be spent on things that have been cut or not approved in their school budget and would not be considered appropriate for the PTO to pay for
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