been involved in insurance fraud, tax fraud and violations of several state labor laws
Was there a conviction? An arrest? Or any legal action that has been concluded? From your post, it doesn’t sound like it. I am a firm believer that you are innocent UNTIL PROVEN guilty.
If you are in a position with inside knowledge of an investigation, I would keep my mouth shut or like the other poster said, if there is a NO FINDING outcome , you will be the one facing the music. IMO
Phil
Academy of Dover PTO
Visitor
20 years 5 months ago#76160by Academy of Dover PTO
They By Laws are public information and your secretary should always have a copy of the by laws at all time and at all meetings. Just ask her/him for a copy.
I doubt if the situation you are in is referred to in the by-laws. (That may have to be an addendum motioned, but gee, how do you motion for that unless you reveal yourself to the suspect).
Make sure you get that insurance (stated above). As long as the President does not have the checkbooks or immediate access to the Cash box, that will avoid some issues. The treasurer should hold that and two signers should be required when a check is for a specific amount.
Nothing is private as it relates to the business documents of the PTO/PTA. All members should have access to this information at all times upon request. If they are hesistant to provide you with information, BE SUSPECT!!!
As for the PRES, it sucks, but he was elected to lead. Let's pray he doesn't do any damage during his tenure.
I'm curious, are you the only one who knows this about the President? If so, I would try to advise the Treasurer and Secretary to be cautious. but this could be sticky if they are good friends with the President. :confused:
Do you have fidelity bond insurance coverage (see information here: www.ptotoday.com/0801insurance.html)
for your group? If not, you might want to suggest the group carry some--you can use the many articles on the blog here about embezzlement to make your case. I don't think the insurance brokers for the group programs for PTOs and PTAs make the officers complete questionnaires about their criminal history, unfortunately. If they did, and the person couldn't get coverage, then you would have an easy way to get the person out of office.
While bylaws certainly should be available to members, I don't believe they are public records. The group is incorporated, the articles of incorporation is filed with the state, and THAT document is a matter of public record. But, I believe the bylaws are actually considered a private, internal document.
Even so, it would be hard to imagine a justifiable reason a PTO wouldn't allow someone to see their bylaws.
Bylaws are public record ask anyone on the board or the principal and they can get you a copy.
In our state all volunteers must receive a background check. The results goes to the super and then to the principal of the school the person is volunteering. As long as it is not extremely bad (such as murder), the principal has discretion on whether to let the person volunteer.
It sounds like your case is sticky with confidential issues. I would find out if there is a way to let the principal know what is going on. I do not believe this person should be PTO president. I believe this person needs to concentrate on the charges that has been brought before him/her.
I have to disagree with the others here. Does it stink that this gerk was elected to the position? Yes
Is the PTO posibly in some danger? Yes
Do we all want you to try to prevent this danger? HELL YES
Here is where the problem lies. I am saauming from what you have written that the litigation is on going concerning the Presidents "personal" situation.
If this is the case and you come forward, since you are involved with the case it could cause problems in the Legal case.
Also if the Legal system proves to be deaf and dumb on top of blind and this person is found not guilty in the future but you sucede in getting the person removed from office before the case is desided then you open yourself, your school, and your pto to legal action from this person.
If there is a write up in the local paper on the Legal problems you may then mail it to a trusted member of the board with the sugestion that they ask the president to step down on a temp basis untill the Legal matter is resolved.