If the items were officially presented to the school during a PTO meeting or board of education meeting or mentioned during a meeting that they were gifts to the school, then they belong to the school.
If the items were purchased with PTO funds by a vote of membership clearly indicating they were for the use of the PTO for school functions, then they are the property of the PTO. Check back in your minutes of your PTO meeting when the purchases were discussed to check how the idea was presented to the attendees. It could be a clear indication.
I agree with eveyone else. If you are a 501(C)(3) incorporated non-profit then you own everything that you have not "gifted" to the school.
I just purchased a popcorn machine the other day and would be appalled if the Principal used it/moved it/whatever, without talking to me forst. Of course I want to work with the Principal in any way that I can, since without his support things would be much more difficult, but in some non-confrontational way I think you need to make it clear that PTO stuff belongs to the PTO.
Does it make a difference if the PTO is a separate 501(c)3 or a service branch of the school?
My last group was a service branch so I always assumed that anything that belongs to the PTO really belongs to the school. That said, the school was always very respectful of the PTO by asking to borrow equipment and giving our schedule precedence over theirs.
When we bought things that were clearly for the school, that transfer of ownership was documented.
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."
did you make a gift or donation of these appliances and did the district then formally appropriate them, ie tagged and logged in their books as assets?
if not, then they probably belong to the group who paid for them unless their was some other arrangement made between the purchaser and the school.
Who initiated the transaction with the vendor? In other words, whose check paid for the equipment? Who has paid for maintenance and supplies? Did you ever formally "donate" the equipment to the school, documented on paper? And....do you store it at the school? Have you alllowed school staff to freely use the equipment in the past? I'm no lawyer, and you might need a legal opinion if this issue gets really blown up. Are you concerned that the school won't allow the PTO to use the equipment as PTO has in the past? What's the issue at debate?
We own a popcorn machine, but for playground equipment and educational materials, we donate the money to the school so the school can buy the eqiupment and be the official owner (for the sake of warranty, ongoing maintenance, and liability).
