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dangerous situation

18 years 2 months ago #61986 by CrewChief
Replied by CrewChief on topic RE: dangerous situation
I can't imagine, for the life of me, why the principal and super have washed their hands of this situation. I agree with Tim. Something else is going on. The whole "it's not our problem" attitude is weak. These are the people running your school? Shameful.

Another point brought up on previous posts is the Open Meeting or Sunshine laws. Google search these laws for your state to see what they say. This group may be legally obligated to provide copies of meeting minutes, including the bylaws revision meeting, treasurer's report and so on, to anyone who asks for them or risk being in violation of a state law.

[ 08-30-2006, 11:31 AM: Message edited by: CrewChief ]

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."
18 years 2 months ago #61985 by <beignets&coffee>
Replied by <beignets&coffee> on topic RE: dangerous situation
If they are a registered non profit, and the district wants no responsibility for them, then surely the superintendent will give you the PTO TIN (tax ID) faster than a speeding bullet. with the TIN, you can verify with IRS if they are 501c3 or not. and as for the rules they must adhere to then, google the term 501c3 or these BBs, there is tons of info.
If they are NOT an indpeendent non profit, most likey the district is whom they answer to. Then your point person is the super/BOE. ANd youve already been there,,,,one would think they want to handle this as diplomatically and civilly as possible,with no need for all the hassles you seem to be goin thru!!! for the good of all, incl the school and district and PR.
18 years 2 months ago #61984 by writermom
Replied by writermom on topic RE: dangerous situation
If the school lawyers say the parent group is a separate entity, you can check that out easily enough through the IRS. Let's say the parent group is a separate legal entity. If the governing body is not following the bylaws--and my understanding is that bylaws are a legal document-- your only recourse may be through the courts. I don't know if you want to go the route of suing the group, and I'm not advocating either way, my understanding is that the courts expect nonprofits to adhere to their bylaws, and not doing so is inviting a civil lawsuit.

There have been cases where nonprofits have been sued by attorney generals; many of these involved financial wrong-doing though. If you really want to pursue this line, you can call the IRS and your attorney general and see what options are availabe to you.
18 years 2 months ago #61983 by sonsx3
Replied by sonsx3 on topic RE: dangerous situation
My question again, if anyone knows, is the legality of not following bylaws. Who do they answer to besides their own members?

In this case I don't think there are many members. I am trying to recruit but frankly sound like a nut when I talk to people about this unbelievably story. I'm sure this "new president" is aware by now that there are a few of us calling for a legal election and that she has a plan. I've heard talk of calling to "suspend the rules" or something like that.

Is there somewhere to make a complaint? Can't they lose their INC. status or IRS status. Is there somewhere to register a complaint?
18 years 2 months ago #61982 by CrewChief
Replied by CrewChief on topic RE: dangerous situation
Sonsx3 - a Nominations Committee is responsible for recruiting a diverse set of candidates for each position. If your group agrees that an election is necessary, establishing a Nominations Committee is the first step. The committee should consist of non-officers (real or pretend).

As for someone who's presidential material, how about you? You clearly have the best interests of the children and school in mind, have the knowledge and ability to follow bylaws, aren't afraid to speak your mind. You really sound like the right person for the job!

Let these strong, beautiful, confident women be your inspiration:

Do not wait for leaders. Do it alone, person to person.
- Mother Teresa of Calcutta

We must become the change we want to see in the world.
Mohandas Gandhi

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."
18 years 2 months ago #61981 by sonsx3
Replied by sonsx3 on topic RE: dangerous situation
The facts are correct. I have obtained copies of this "new presidents" arrest records and court transcripts. She had a bench warrant arrest for striking a child in the chest and then was arrested for violating an order of protection for this kid (10 year old). This was 2 years ago. The tricky part is that she recieved an ACOD (which is basically a probationary period) for the first arrest and the second arrest was dismissed on a technicality (the DA did not attach a certified copy of the actual Order Of Protection). So her probationary period and a second Order of Protection the judge put into effect ended last September. So technically she has no record if they were to do a fingerprint check.

The school is acutely aware because this all came out last year when they hired her as a substitute teachers aide. They very quietly fired her after one day.

I spoke with the Super and he said that he checked with school lawyers and since the PTSO is a seperate organization, the school can do nothing.I spoke with him again after getting a copy of the bylaws and finding out that the Principal is an executive board member. He said that he is advising the principal to stay out of it. All I asked him to do was have the school nicely insist that the PTSO hold a legal election because I am positive she would not be nominated or voted in.

I have written letters to the school and the PTSO insisting on a legal election. I am planning to go before the board and to the first PTSO meeting but it is going to get very ugly. I was trying to avoid confrontation like this.

We also have to find someone who is willing to run for president!
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