mom,
As Critter said, Robert's is the standard. I'm unclear about a couple of things, such as: Was this officer charged or convicted? and Was this officer elected or appointed?
Remember, don't make this into a witch hunt because of speculation. Make sure the evidence is more than hearsay.
Also, a person elected to office can be removed from office be the people who voted them in. A person appointed to office can be removed by the person that appointed them.

I got out my trusty Roberts Rules of Order (two different summary books written by D. Patnode and D. Zimmerman available at any bookstore) for advice. In most cases, if your bylaws are silent on a subject, you refer to RRO. That's why standard bylaws language includes that clause about running your organization according to RRO - it's the cover your rear clause. Anyway, here's what Captain Roberts says you can do:

If there is an offense by a member, you can set up an investigative committee by adoption of a motion to do such. The committee then completes its research in private, including a conference with the person in question. RRO doesn't suggest who should be on this committee - that's left up to you. Based on its research, the committee either closes the case or lists charges against the accused, which sets up the next phase. The conclusion of the committee should be presented to the assembly (PTO members). RRO goes on to describe a "trial" phase if the investigating committee cites charges. The trial includes conferences with the accused and her supporters, representative(s) of the original investigative committee, and a few new members not involved in the research. This gets rather involved, but it sounds like it's set up to give the accused the best possible consideration.

When the trial date is set, and the accused is notified by registered mail, her rights of membership are automatically suspended until the trial is completed. The result of the trial (really just a scary word for a meeting to discuss the results of the research and the committee's recommendation) is a penalty of some sort. Now, the details becomes public when the penalty recommended by the trial committee is brought before the assembly (PTO members) in the form of a motion. The motion is debatable, and must be approved by majority vote, unless the penalty is expulsion, in which case 2/3 vote is required.

Another possible penalty is to "rescind the motion" which elected this person an officer -- in effect kicking her off the board. According to my RRO book, this type of motion is debatable and requires 2/3 vote or just majority vote when there has been a previous notice.

The point is, there are some procedures your group can follow to investigate this person that are based in sound parlimentary practices. You want to avoid a "witch hunt" mentality - if you use RRO as your guide, you can at least say you're doing what is proper and has stood the test of time.

This will get ugly and personal, but to protect the integrity of your PTO, and its finances, you must pursue at least the investigative phase. Good luck! So sorry your group is in this position.

[ 01-26-2004, 01:33 AM: Message edited by: Critter ]

You probably can't back-track, although you should check with JHB or Critter on that.

On the other hand, you can't have a fox in the hen house either...

I still say put someone you trust with her for the rest of the year. Put a committee together that handles the money, from accepting it to counting it... (hint: she shouldn't be on that committee...lol...)

Good Luck!

Thanks for the input.

Our group has not had to pursue charges against her because there's no proof that she's stolen from the organization. However, it's impossible to know if she has or hasn't because she's been the fox in charge of the henhouse. The current Treasurer hasn't required much from her in terms of accounting, so there's nothing to go on.

It's been an ongoing frustration.

Is it acceptable to write a provision into the by-laws and then apply it to this person? Isn't that writing a law to catch a criminal for a crime they've already committed?

I'm new to it all and appreciate the feedback.

Two years ago, the veep came to a meeting sloshed. Pie-eyed. Drunk. While that in itself was not a good thing, she was underage (by 2 months) and she drove to the meeting in that condition. With her kids in the car.

There was nothing in our bylaws about removing an officer either. As prez, I talked to the other officers and then to the principal. It was decided that she would be fired. And she was. No ifs, ands, or buts.

Until you can figure out how to fire her (pending advice from others on this board), quit giving her new duties. Put someone you trust as co-chair and make sure they stick to the gal whenever school funds are being handled. I think I would set up a temporary committee that just handles the money. She can still chair the events, but someone else would be collecting and counting the money.

Even if she acts like nothing has happened, she knows it has. I just have one question: Why hasn't your group prosecuted? I'll tell you what, that would be a sure fire way of removing her from office.

I would begin immediate work on a clause for the bylaws that lays out what is acceptable crimminal behaviour (is there such an animal?...lol) for an officer in your group. At the very least, something about how to remove an officer from office. And I'd keep an eye on her and the money.

Good Luck.

A current officer of our PTO decided to run for school board. As a result, criminal behavior and civil judgements against her were recently published in our local paper. I'm the Pres. and knew of her questionable judgement as were many others involved at school. Among other things, she has been charged with theft, writing bad checks, and has a few small claims cases pending against her. In the past, she's been allowed to handle money, fundraising and donations from local merchants. When I took office, I set about putting some safety measures in place and demanded quite a bit of accountability from her and other officers. My efforts were met with MUCH resistance.

With all her issues coming to light, our local paper has suggested she drop out of the school board race. I have received several phone calls suggesting that she quit or be removed from the PTO. By-laws were written last summer, but of course there's nothing written in them that specifically addresses this issue.

How do I handle this? She's violated the trust of our school community. Her court cases are from as recently as last week! She's engaged in a pattern of poor behavior and demonstrated remarkably poor judgement (one of her judgements stems from Girl Scout Cookie sales). Clearly the reputation of the PTO is called into question should this person be allowed to continue. But I don't know how to get her out or what exactly my roll as president is in this situation.

After the article ran, she proceeded to carry on about the school (even running our Friday popcorn sale) as though NOTHING had happened. So, we aren't dealing with someone who's got the good sense to do the right thing on her own.

I'm seeking advice and assistance about how to remove her from office.

Thanks