PTA Ethics/Conflict of Interest Policy
Members of the board of directors (board members) of this PTA/PTSA serve in a fiduciary capacity and owe a duty of care, a duty of obedience, and a duty of loyalty to this PTA/PTSA. Board members shall conduct themselves with integrity and honesty and act in the best interests of this PTA /PTSA. Disclosure by a board member of any potential or actual conflict of interest is required by the standard of good faith and for the benefit of the PTA and protection of each individual. In consideration of our local PTA/PTSA affiliation with the Utah Congress of Parents and Teachers (Utah PTA), for the protection of its integrity and its 501(c)(3) status and for our protection, we, the undersigned officers, individually, during our term of office, shall:
- Abide by and represent our PTA/PTSA bylaws, Utah PTA policies, positions, procedures, and National PTA Purposes and mission statement
- Discharge the duties and responsibilities of our individual offices with fidelity, integrity, and honesty and declare any and all personal and/or extended family conflicts of interest when PTA issues, decisions, and funds are involved
- Not misuse the PTA’s federal tax-exempt status or exemption from sales tax for personal or unauthorized purposes nor disburse funds for any purpose other than authorized, budgeted PTA programs, projects, and activities
- Refrain from making slanderous or defamatory comments regarding any individual or organization
- Refrain from having disruptive arguments around children and on school property
- Follow Utah PTA and school district guidelines for fundraising
- Abide by the following conflict of interest policy:
- Board members and/or their families shall not use their relation to this PTA/PTSA for financial, professional, business, employment, personal, and/or political gain.
- A conflict of interest exists when a board member would have to participate in the deliberation or decision of any issue of this PTA/PTSA while, at the same time, the board member and/or his/her extended family has financial, professional, business, employment, personal, and/or political interests outside the PTA that could predispose or bias the board member to a particular view, goal, or decision.
- Board members shall declare to the officers of this PTA/PTSA conflicts of interest (stating the nature of the conflict and pertinent information as appropriate) between their duties of this PTA/PTSA and their and/or their extended families’ financial, professional, business, employment, personal, and/or political interests.
- When a conflict of interest is declared, the board member shall not use his or her personal influence or position to affect the outcome of the vote and shall leave the room during deliberations and the vote.
- The minutes of the meeting shall reflect that a conflict of interest was declared.
- Board members shall not:
- Use PTA’s name, influence, or resources for their benefit or gain when running for any public elected office or while serving as an elected official.
- Directly or indirectly use their current PTA position, the PTA name, or the association for or against any specific candidate for elected office, which is contrary to federal tax laws and the guidelines and policies of the PTA. (Past PTA experience may be listed in any brochures.)
- Be in violation of nor be in the act of violating any state or federal laws and/or court orders, including, but not limited to misdemeanors, felonies (e.g., trespass, possession or use of any illegal substances, public intoxication) and/or protective/restraining orders, while conducting any PTA/PTSA business and/or while participating in any PTA/PTSA sponsored activity or event, including, but not limited to activities for students, PTA/PTSA Board meetings and/or conventions, nor while transporting themselves or others to any PTA/PTSA sponsored activity or event.
- PTA does not recognize co-elected positions. Refer to PTA/PTSA Bylaws information in President’s Handbook (refer to officer’s section Bylaws)
Signature pages can be found in the financial section of the President Handbook.
All officers of your PTA should sign the Conflict of Interest Policy each year before October 1.
Guidelines to Follow When There Has Been Mismanagement or a Conflict of Interest
- When mismanagement and/or conflict of interest is suspected, the following PTA lines of communication of informing, receiving direction and assistance should be followed: The local PTA should contact the council. The council in turn should contact the region, and the region will contact Utah PTA. If for some reason assistance cannot be obtained through this line of communication, contact Utah PTA directly.
- When any wrongdoing is suspected those involved should have a meeting with the local executive committee with notification given to the council/region representative. If the outcome of the meeting is unsatisfactory for either party, the decision may be appealed up the lines of communication. If the issue involves a president or president-elect, council/region leadership must facilitate the meeting. Once wrongdoing is suspected, a meeting should take place in a timely manner. If an outside investigation is warranted, authorities may become involved.
- The PTA officers and/or board members have a responsibility to the membership and to act in a professional manner. Refer to local PTA bylaws (Article VI, Section 1), “The officers of this PTA/PTSA shall abide by, promote, and represent the purposes, mission, bylaws, policies, and procedures of PTA.” The PTA officers and/or board members should protect the person’s reputation by using discretion in what is said and done, especially in the preliminary stages of an investigation. However, it is not acceptable to disregard the incident.
- Refer to local PTA bylaws (Article VI, Sections 7b, c and d):
- 7b. “If an officer or appointee fails… to perform the duties of his office the members of the executive. . committee shall meet and declare the office or position vacant.”
- 7c. “All resignations must be made in writing to the president.” If the office of president is declared vacant, the letter of resignation must be made to the council/region/Utah PTA.
- 7d. A vacancy occurring in the office of president shall be filled for the remainder of the unexpired term by the president-elect, who shall then cease to be president-elect. A vacancy occurring in the office of president-elect shall be filled by a vote of the general membership at a special election meeting called by the president, all members having been notified. A vacancy occurring in any other office shall be filled for the remainder of the unexpired term by a person elected by a majority vote of the remaining members of the executive committee, all members of the committee having been notified.”
- When necessary, the region director and/or Utah PTA may declare the office or position vacant.