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Legal Matters

17 years 5 months ago #127767 by dlf
Replied by dlf on topic RE: Legal Matters
I would check my bylaws first of all and see what you have as the reasons for dismissal from the PTO. I doubt it will show that allegations are enough to cause that to occur (i.e. do they say actions so aggregious to the PTO or during PTO functions etc). If charges were dismissed and had nothing to do with PTO stuff, I would consider that the charges did not occur. For instance, if someone got a DUI, is that enough to dismiss them from the PTO if it didn't occur at a PTO event and had no impact on the PTO. If there are no official charges evident, I can raise any allegations I like to discredit someone but our legal system is based on proof.
If the request for consideration of dismissal is properly submitted and your bylaws state that they must follow a logical course of action, then follow that action and hopefully the action will not carry (if you don't follow your own bylaws you are establishing a precedence...in this case the accusations may be outlandish and you know that they are only being raised due to divorce you may hesitate, but the basis or your organization is following the rules.) That doesn't mean that I wouldn't tell the person being considered for dismissal that you are only following procedural aspects as outlined by your bylaws. I must say that I specifically took the advice of these boards and made all such requests submitted be petitioned by 5 members in good standing so as to alleviate this type of false nonsense. Also your bylaw's should give some manner of recourse for the person being considered for dismissal--so they can provide evidence to the contrary of the allegation submitted.
Bottom line--follow your bylaws--it is the integrity of your system here that counts but as an aside, BUT I wouldn't be beyond pulling the person on the board to the side and saying "look we all know this is bunk and the vote will not go against you but we have to follow the procedures as written". IF YOU ARE SURE THAT IS THE CASE....otherwise..let your system work.

d
17 years 5 months ago #127766 by CrewChief
Replied by CrewChief on topic RE: Legal Matters
Wow. How sad it is for the children of these two. Being involved in your child's education is supposed to be a positive thing. These two are using it as yet another tool to tear each other apart. It's pathetic really.

While I can't offer legal advice, I can share a divorce situation with you. My last team produced a student directory and gave one free copy to each family. Additional copies were availabl for a set price. Due to space restrictions we could only list one phone number and address for each student.

One non-custodial parent was furious because the custodial parent would never share school info. They demanded to be included in the directory as a separate contact for the child. Threatened legal action against the school and the PTO for discrimination. Called the directory chairman at home. Bothered school staff. Generally made a big stink about every situation.

Our consistent statement to this parent was that we include the child's primary address and phone number and give one free copy of the directory to the student. We didn't waver or make any exceptions. While it would have been easy enough give away free copies, we felt it was important to follow the rules to the letter so that another type of problem wouldn't arise.

My personal advice to you is to follow your bylaws on this situation. If the officer is not in violation then there is no cause for removal. As difficult as it is to have a confrontational member trying to use you for their own personal benefit, it's important to remain neutral with both of these parents and continue to cite your bylaws. Do not comment on the divorce, your opinion about how they're handling (or not handling) it, the effect it's sure to have on the child.

Good luck to you! I'm just as anxious as you are to hear what advice other posters will have for you.

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."
17 years 5 months ago #127764 by JustAVolunteer
Legal Matters was created by JustAVolunteer
We have what I would hope is a unique situation. However, if anyone has a remotely similar situation you've dealt with, advice would be welcomed. One of our PTO officers is involved in an ugly custody battle with the ex. Now the ex has contacted the PTO president reporting that (the ex) has tried to charge the officer with a felony. However, the felony was not upheld and the charges were dropped or at least minimized to something much more negligible. Still the ex would like to have the officer removed from PTO office on principal. Our by-laws have guidelines on how to request such a motion. The ex found those and even included with the email along with the section outlining the code of conduct for officers (the ex is a PTO member as well). Neither the attempted charge nor the reduced item, if on the person's record would directly violate the code of conduct as written in the by-laws. My question is simply "how does the president respond to this request?" Are there any legal implications for the PTO on this? Any words of caution?
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