IAAL,LegalBeagle,Always...etc

[Illinois Parent]

Hi Everyone!

Been busy around here with quite a few things. Ex is still being a male appendage, but, that is to be expected. Nothing really new going on with that score, so I now get to do what I do very well (and hate), which is wait to see what he does next.

In the meantime, I have a question that is a bit off the beaten track, about our school and it's PTO. This being a PTO and not a PTA, there is no 'governing' body to go to, so any clues, hints, advice will be appreciated.

Our PTO Board, like so many little people in little ponds, like their feeling of power. Just this past summer, we wrote, (I wrote)presented and passed out by-laws so we could get our 501 c (3).

Part of the by-laws states when, where and how Board elections are to take place. Our Board has decided to not follow this ruling and have elections now, as in this month, in complete violation of every part of what was written and ratified just one month ago. Surprise, surprise, every person on the ballot is the same as the current board. It really makes no sense, as they were just voted in last June. The feeling is that they have an ulterior motive here that has yet to come to light.

The question is: is there anything legally that can be done to an organization that does not follow it's own by-laws? Could this jeopardize non-profit status? Could an outside agency, such as State Board of Education be called in to disband this organization? The problem is that the Principal is in on this up to her eyeballs, and is best friends with the Pres. of the Local School Board.

Help? Suggestions? And please, doing violence to these people has already been thought of (many times). I have sat in on several meetings when I was nearly drowned in an overwhelming urge to just walk up and slap these people. I have so far, (and will continue, I promise) to resist this temptation. But boy oh boy do I wanna do SOMETHING. Other than recommended they all get sterilzed on the principle of stupid people not breeding.

Oh well, it was fun just venting. But seriously, hints. Help. Suggestions.

[This message has been edited by Illinois Parent (edited November 01, 2000).]

 

[I AM ALWAYS LIABLE]

My response:

I FEEL your frustration. Write a Ceritified Return Receipt letter to the President informing each of them that you plan on reporting their misconduct to the IRS and place their non-profit capacity and status in jeopardy. Give them 15 days to respond in writing with their reasons for non-compliance, or their promise to comply with the By-Laws. (And specify which are being abridged or breached in your opinion, and why, and who is to blame for each such breach).

Also, inform them that you plan on filing a Government Claim against the organization, and each of them individually, for their malfeasance of office, and then file a lawsuit.

While you're waiting for your reply, find out from a local attorney whether or not you, in your individual capacity, have "standing" to sue - - you'll need to find someone familiar with the Education Code.

Since we are a country of laws and rules, hopefully, that will get their attention.

Other than that, and since this is not my area of expertise, I can't assist any further.

IAAL

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[Illinois Parent]

Thank you, you dear, sweet man. I knew I could count on you!

Malfeasance. hmm, I do like the ring of that.

Just a little update here. One of my neighbors had sent an e-mail to the Principal, questioning all of this. She just e-mailed ME the info that the Co-President called her (no e-mail - read - nothing in writing) that this isn't a problem. They are just going to notify the parents via a letter home of what they're doing and it will be fine.

My neighbor thinks that we should give them further notice, i.e., chance to change their ways. I think I like your advice. teehee.

I also think that I'm going to write a letter to the Editor of the local newspaper with ALL of this. Just to be on the safe side. Just to be certain this doesn't get swept under the rug.

The only question now is, do it before hand? Or let them go ahead with the election and nail their hides to a wall? I'm for the latter. teehee

 

[Ukiah]

IP!! Glad to see you're back, haven't heard from you in a while!