14 years 1 month ago#97221by <lostheart4this>
I am a temporary pres of a pto and need help in writing a resignation letter. I want to resign for many reasons- the main being that of financial and legal concerns. I have just found out that the PTO is not registered with the state and the name has been changed by the IRS 'accidentally', but we were told that even though it was done accidentally they will leave it as is. (that can't be legal) The PTO has had a couple of fundraisers and plan on having one more before anything is filed. The officer in charge of the filings told me before we even had any fundraisers that everything was taken care of, he is also in charge of insurance and believes we need no officer's liability coverage. I want to make sure that I am not held liable for any of this, I have voiced my concerns to the board and was told to mind my own business as someone else is in charge of those issues. We are having elections next month because we are temporary, I actually got the ball rolling and got people together to form the PTO, they had nothing in place beforehand, the PTA disbanded in 2000. And now since working with these people, I find that I have lost heart and I just want out. I don't have a say in anything they do and when I give my opinion I am overruled by the board. Do any of you have any words of wisdom or a sample resignation letter? :eek:
14 years 1 month ago#97222by <lostheart4this>
First check your bylaws about resignation. Ours shows we can't resign until the new officer comes in. Secondly, resignations are always hard. I would simply put it as " I am resigning my position effective immediately due to personal conflicts". "Personal Conflicts" can be PTO or actual personal reasons and as with any paid job, no one needs to know what your prsonal conflicts are.
14 years 1 month ago#97223by <lostheart4this>
It's too bad you've come to this tough decision, but you need to stand up for what you feel is right. Just a reminder that a huge proportion of PTO's around the country are operating and raising funds without being properly registered with the IRS, and/or without officer liability insurance. Does that make it right? No, but that's the way it has been as we all have operated in ignorance. We're volunteers who rarely inherit decent files or good training from the prior (burned out?) officers. Thankfully, we now have this magazine and discussion forum to enlighten us and give us support to do the right things like register as a non-profit, incorporate, or purchase insurance.
Sometimes I am just baffled by our volunteers' laissez-faire attitudes ("we don't need to do that..."). I can either throw up my hands and walk away, or throw in my two cents and help make things better. It's rarely easy to stand for what you believe in, but it keeps life interesting. Good luck in your future pursuits.
14 years 1 month ago#97224by <lostheart4this>
Thank you for your help. NOW it has come to my attention that the officer in charge of the filings is simply changing the name of the PTA that disbanded/dissolved in 2000 to the pto name. I and a couple other members of the board were under the assumption that we were forming a new entity and were told by this person and one other person on the board that we are not new. So quite frankly, our bylaws and articles of incorporation would be that of the PTA. This is all strange news to me and doesn't sound legit. Not to mention the fact that no one knows what the bylaws are nor the articles of incorporation of the pta. Now I really need help.... :eek: :eek: :eek:
I am not a lawyer but . . . (notice the acronym is IANAL, which I have been accused of lots of times, not necessarily a BAD thing) You are right - things need to change. If you are a PTO you need to have bylaws that state the name of the organization as ________ PTO or Parent Teacher Organization, or any other group of alphabet soup but NOT PTA. I'd be happy to send you a copy of our bylaws if you wish - they are fairly simple, which was intentional, in order to allow wiggle room. You need to have a bank account with the same name as the organization and you need to have your own tax identity with the IRS whether you choose it simply to be tax-exempt or taking it further to the not-for-profit status.
Our group does not have officer's liability insurance. We were split on that. We trust each other, but then I am sure that every group who has had a problem withm issing money would have said that before it happened, as well.
As far as resigning - if you have elections coming up soon, are you willing to hold on until then and just not accept a nomination? I think that would be the best way to handle it, however, without bylaws - how are you holding elections?
Let me know if you would like a copy of our bylaws, and good luck.
14 years 1 month ago#97226by <lostheart4this>
<blockquote>quote:</font><hr>I'd be happy to send you a copy of our bylaws if you wish - they are fairly simple, which was intentional, in order to allow wiggle room. <hr></blockquote>
The current board, aside from myself, do not want wiggle room. They want it cut and dry. They also feel that no other board members should have a say in what they do. It is really insane.
<blockquote>quote:</font><hr>"Our group does not have officer's liability insurance. We were split on that. We trust each other, but then I am sure that every group who has had a problem withm issing money would have said that before it happened, as well."
It is my understanding that officer's liability simply covers officers for the decisions made by the officers. (From being sued by people as general liability does not cover that.) I think what you are talking about is fidelity bond.
You may want to talk with your board and check into this further.
<blockquote>quote:</font><hr> As far as resigning - if you have elections coming up soon, are you willing to hold on until then and just not accept a nomination? I think that would be the best way to handle it, however, without bylaws - how are you holding elections? <hr></blockquote>
I would rather resign considering the fact that I do not want to risk my assets for the decisions they choose to make. And as far as bylaws go, there are none. period. And if they want to reinstate the pta (which I really think is not legal) then the articles of incorporation would govern this entity as well as the pta bylaws that no one has any idea where they are.