Does the Nominating Committee have to be unanimous?

QUESTION: 

Our PTA’s Nominating Committee is divided, with two of us  favoring one candidate and the third member favoring another.  Does the Nominating Committee’s decision have to be unanimous?  Also, if there is more than one candidate—either nominated by the committee or because someone  runs from the floor—should the candidates vote?  What about the President  who is presiding over the election.

ANSWER: 

The Nominating Committee’s decision is made by a majority vote—it does not require complete agreement by all members.  Having said that, keep in mind that the Nominating Committee is not limited to only one candidate for a position.  While having a contested election can sometimes
feel awkward in a group made up mostly of neighbors and friends, it’s often healthy for the membership to have different perspectives and leadership styles  from which to choose.  When there’s a contested election, it should be  conducted by secret written ballot.  The President or other person chairing the election meeting should appoint a Teller’s Committee to count the ballots and report the results.  All members present—including the candidates and the President—are entitled to cast a vote. 

Can our PTA raise funds for a charity?

QUESTION:

The students in our school have read about the earthquake, tsunami and  nuclear reactor accident in Japan and want to raise funds to help children who have been displaced or lost their families in this tragedy. Is this something our PTSA can support, and what pitfalls should we be concerned about?

ANSWER: 

First, a PTA can certainly inform its members of fundraising activities that  other persons or organizations are conducting. Second, if the PTA wants to conduct a fund-raising activity on its own, or use the PTA account to transfer funds that others have collected, keep in mind that any such action must be (1) consistent with the PTA’s mission, standing rules, and adopted budget; and (2) consistent with the 1023 or 1024 form it submitted to the Internal Revenue Service. Third, keep in mind that it’s an unfortunate truth that there are those who may try to take advantage of people’s desire to help for their own enrichment.

After the earthquake in Haiti in January of 2010, National PTA published a list of recommended charities to which individuals can safely contribute. That list is still posted here and while some of the charities listed there are specific toHaiti, others also support relief efforts worldwide, including Japan. Also, you may want to read or listen to this report (“How to Make Your Donations Count) from National Public Radio, which cautions against making contributions for specific purposes, rather than to support relief organizations generally, allowing them to allocate the funds where the needs are  greater. (Ask anyone who has attended PTA & the Law recently about the pitfalls of restricted and designated funds).

Filing Annual Reports

QUESTION: 

I know our PTA’s annual report will be due over the summer, and I want to be sure it’s not overlooked during the transition.  Can I file it early?  

ANSWER:  

Every nonprofit corporation must file its annual report to the Washington Secretary of State’s office no later than the last day of the month during which the nonprofit was originally chartered.  For example, if your PTA was chartered in July, your 2011 report will be due no later than July 31st.  According to the Secretary of State’s office, its online  The online renewal system will accept annual report filings up to 60 days from the date of expiration.  Therefore you can file as early as June 1st; however if you file earlier than that date, the system will treat your report as an update, and you will still need to file an annual report no later than July 31st.

We cannot find someone to accept a nominaton!

QUESTION:   

I’m chairing the Nominating Committee for my local unit, and we have been unable to find a candidate willing to stand for election as Treasurer.  What should we do? 

ANSWER: 

Based on Article 5, Section 6 of the Uniform Bylaws the Nominating Committee should continue seeking a candidate or candidates until its report is due, and if there is no candidate found then the report should so indicate.  At the general meeting at which the Nominating Committee’s report is read, the President should open the floor for nominations for Treasurer in the same way as the other positions being elected.  If no candidate comes forward at that meeting, the same opportunity should be presented at any further general membership meetings that occur before July 1st.  If no one has been elected to be treasurer by July 1st, the current treasurer stays in the position until the new Executive Committee appoints someone to serve in that position.  If the Executive Committee does appoint someone, the appointment is until the next general membership meeting, at which time there should be another opportunity for nominations from the floor.