I think you could explain to the principal the situation he is in. However, I believe, because you are PTO president, you would not be able to offer your services to the school. Our bylaws, as well as Roberts rules of Order, indicate that no member of the board can procure funds for themselves or their own business, or a business that they work for. You should look into your bylaws to be sure.
I am a photographer as well as a PTO president. I had juggled with the idea of possibly branching from merely portrait photography to schools and sports teams....however, the current "kickback" for schools I have found is ridiculus.
If a photographer wants to win a bid....they must sweeten the pot by bribing the principle. I can't compete with what the big businesses throw in. Speaking of that, I honestly can't see how they can stay in business with the bonuses and percentages they give to the principle. I have done the math. I've seen the prices the photog charges compared to the cost of doing business. It's not any profit at the end of the day.
It's a dirty way to do business and the people who would probably give better business and work harder to get better pictures are pushed aside for goodies.
I would love for all photogs to put a stop to this as it isn't right...but I don't see that happening.
Our PTO used to get these checks, until an auditor for the school department pointed out that it should go to the district, into a student activities account to be used specifically for items that directly benefit students. It can't be spent on items for teachers, nor even for professional development. At least, that's what the auditor states is legal in Massachusetts.
Oh calm down, every school photographer offers this kind of "kick back" to the school. The real issue is that the principal can cash the check, it should be made out to the school/district and be deposited into the correct account which can then be spent by the principal.
In this case - if the principal truly was spending the money on the teachers and not just saying that because someone found out - it sounds like there wasn't ill intent, but it still wouldn't be a good idea. I would suspect the school district would have a problem with it because it probably violates their employee and financial policies.
It sounds like he's trying to turn it over to the PTO, basically as a joint fundraiser where the PTO keeps part and the school gets part. If that's the situation, then it shouldn't be a problem EXCEPT the PTO really should verify the legitimacy of the procurement.
Are various companies given the opportunity to "bid" on this?
Is the commission a common practice in your area?
Is this photographer the best value for the school community?
The PTO doesn't necessarily have to go through all the steps of an open procurement posting. And honestly, once you start working with a vendor, it's common to renew the next year if satisfied. But no matter the circumstances, you have to evaluate the deal periodically.
