Just wanted to say we went to the Board of Ed immediately after discovery. They have provided an auditor and attorney's advice. Names have already been named but not by the executive board. (this investigation has been going on for 3 months!) Parents have actually boycotted our fundraisers because of the audit we had. So, we insisted that in addition to paying back the money, she had to take full responsibility so there would be no speculation someone else did it and she has agreed to that as well. We're also creating a better checks and balances system that is easy enough to stick with so this won't happen again.
If someone has taken money from the PTO, then it's not "maybe" a crime. It is a crime. And I think it's appropriate to get the police involved right away.
A couple of reasons:
1. Police are much more familiar with this person's rights, etc.
2. Police are professional investigators. You have no way of knowing if you've uncovered all of the missing money or if this person has taken funds from other groups, or has a record, etc.
3. A letter of agreement written by non-lawyers and signed by a person without counsel sounds very sketchy to me. When you're the victim of a crime, you're not responsible for writing contracts/getting lawyers. The perpetrator may be or else the DA's office is. That's what they do.
I understand the desire to keep things hush-hush (embarrassment, etc.), but I really think that plays right into the hands of the perpetrator.
My advice: Consult with police right away. There's nothing wrong (you haven't violated anyone's rights) by asking the police to look into something with you. As an officer, you have a responsibility to protect the org's funds, and the police/DA are your best friend in that process. That responsibility trumps your desire to keep things hush-hush.
Again, my humble opinion. I've just seen'heard of this happening to too many groups.
Tim
PS -- Oh yeah, I hope everyone is putting financial controls in place to make sure this can't happen to your group. Doesn't matter how well you know your treasurer, it's your responsibility to make sure she (or her/his successor or the successor after that) doesn't have the ability to steal without getting caught quickly. It's the best defense. No opportunity, no crime.
VenzMama has pretty much nailed what needs to happen at this point. The one thing I would add is that if you can get cheap/free legal advice, either through a parent or the school district, you might have them look over the document before anybody signs it. (Perhaps I should say cheap/free COMPETENT legal advice -- IANAL, but that never stops me from expressing my opinions [img]smile.gif[/img] )
But, yes, get an agreement about what is to happen taken care of first: restitution and prohibiting any future access to funds). Then you can notify parents, but not name any names.
However, if the purpose of the meeting is only to inform the parents and there is no business to vote on, I'm not sure that you even really need a special meeting. You might be better off writing a letter to the parents that provides the necessary information, and include an offer to discuss this further with anybody who has any questions -- but making it very clear that names will not be given out. With a letter you can choose your phrasing very carefully, and let others check it over, and avoid an emotionally charged situation. Any discussions become a private one-on-one affair, and you will have be out of the pressure cooker of a public forum when you make your responses.
Finally, as VenzMama said, have you given serious consideration to the fact that this person committed a crime? If they have admitted their errors, and agreed to make restitution, then criminal proceedings may not be appropriate. But make sure everybody understands that if restitution is not made, then criminal proceedings will begin and they will begin sooner not later.
I would probably have two meetings. One with the Executive Board plus the principal (if not already a member) where the "accused" signs an agreement of restitution that states the amount to be repaid, when it is to be repaid, and what is to happen if it is not repaid. It should also be made very clear that this person will not be allowed to assist in any money dealing in the future. If you could have a notary public there to witness and seal the document, even better, just make sure you limit the people to ones who can keep confidentiality. Then I would hold a meeting with the general group, tell them what has happened and how it has been dealt with, but not who. There is no reason to put this person on a public trial as the PTO is not the forum for this. Now with all that said, I would have to ask why you are not turning this matter over to the police? Embezzlement is a crime. Handling it internally within your organization may not be the best solution. Good luck! :cool:
We have already had a Board Meeting and a confession so to speak. Now, we are working on an agreement of restitution with the person involved and need to call a meeting to let members know what has taken place and what we're doing. Our bylaws state we need 10 days notice to call a special meeting, but other than that, it covers nothing and I'm kinda lost! I appreciate your feedback.
<blockquote>quote:</font><hr>need to call a special meeting<hr></blockquote>
Check your bylaws (you DO have bylaws, right?). They should inform you of any special regulations regarding special meetings, specifically in terms of necessary meeting notification.
The meeting notification should include the reason it is being called. Remember that the only agenda items at a special meeting should be those in the call.
Especially if you suspect an officer or event chair of embezzlement, you have a touchy situation on your hands. On the one hand, you do not want to create an impression that this is being hushed up and swept under the rug. On the other hand, it would be counterproductive to get any larger a group involved at this point than necessary. Good luck walking that tightrope.
