Volunteer Community Group in quandary about former Treasurer

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The treasurer of a community group resigned but will not surrender group financial documentation or access to group’s funds.

Said she will only surrender to next appointed treasurer at AGM. Group appointed honorary treasurer until AGM, which is some weeks away.

They have upcoming projects that need access to funds to run. What can they do???

Is this a case of theft? Can they contact the Gardai to get funds/documentation back.

They do not want to cause upset/bad feeling within the community but how else can they get their funds back?

Peregrinus

I doubt that there is any crime involved here, and the guards will not get involved.

This is a civil dispute. A solicitor's letter might do the trick. Or you could think laterally - could you convene an early EGM for the purpose of appointing a new treasurer?

NUTLEY BOY

Curious.

If she has resigned what legal authority does she now have to retain the papers and deciding when she will turn them over ?

I would not want to be an officer of any committee trying to explain to the membership or beneficiaries why I failed to act in the face of her conduct IF she has done something dodgy and is playing for time to cover tracks.

She may just wish to be conscientious that the papers are passed to the right person. Given the practical problems that she is causing would a formal written receipt for the papers from the chairman not be enough to meet any concerns in this regard.

I would try and resolve this with her now on an agreed basis. If she refuses I would report this to the police on the basis that her conduct is suspicious in it's nature.

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Peregrinus wrote: »

I doubt that there is any crime involved here, and the guards will not get involved.

This is a civil dispute. A solicitor's letter might do the trick. Or you could think laterally - could you convene an early EGM for the purpose of appointing a new treasurer?

They have, in fact, appointed an honorary treasurer, to fill the position until the next AGM. However, the former treasurer refuses to acknowledge that person, considering herself to still be the rightful treasurer, even though she has resigned.

Unless the group obtain the groups funds immediately, they will be forced to cancel a community project for Easter Saturday. This is a matter of urgency.

I understand that the group want to avoid having to pay solicitors fees from the funds. That is not why they did all their fund raising. These funds were gathered for the betterment of the community.

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NUTLEY BOY wrote: »

Curious.

A) If she has resigned what legal authority does she now have to retain the papers and deciding when she will turn them over ?

I would not want to be an officer of any committee trying to explain to the membership or beneficiaries why I failed to act in the face of her conduct IF she has done something dodgy and is playing for time to cover tracks.

C) She may just wish to be conscientious that the papers are passed to the right person. Given the practical problems that she is causing would a formal written receipt for the papers from the chairman not be enough to meet any concerns in this regard.

D) I would try and resolve this with her now on an agreed basis. If she refuses I would report this to the police on the basis that her conduct is suspicious in it's nature.

A) The group believes committee protocol procedure to be that having resigned her position on the committee, she should automatically relinquish control of the group's bank account/funds, receipts etc NOW.

I doubt it is a case of 'something dodgy' but rather a misplaced sense of authority and entitlement.

C) Excellent suggestion, I will pass it on.

D) The group have tried to resolve this matter in an amicable manner, but the former treasurer is intractable. They are frustrated and are seeking a solution, which if possible, does not involve the gardai or the law.

Peregrinus

Well, if it doesn't involve the guards or the law, then it has to involve the former treasurer's agreement or assent. You need to find a tactful way of pointing out to her that, if she is the rightful treasurer, then she must continue to carry out the functions of the treasurer and, if she has resigned, then she is not the treasurer and should not stand in the way of someone else carrying out those duties. But it is unreasonable of her to insist that she is the rightful treasurer and and the same time to refuse to do what the treasurer needs to do.

Whether there's any chance of bringing her around to this point of view is something only those close to her can say. Likewise, we're not in a position to say if there's any particular person that she is more likely to listen to.

I understand that you don't want to take this to law, but once you rule that out your options really are quite limited, and there is no compulsion avialable to you.

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Peregrinus wrote: »

Well, if it doesn't involve the guards or the law, ...

Thank you Peregrinus.

Assuming the former treasurer cannot be persuaded to relent, and I understand the group have tried on several occasions but she is entrenched in her misguided perceptions, IS this a matter for the gardai or a solicitor?

I know a solicitors letter can be obtained, for a price, but would the gardai really not be willing to have a "quiet word in her ear", perhaps convincing her that this really is a serious matter.

But is it a legal matter? This is what the group is unsure of.

Pat Mustard

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They have, in fact, appointed an honorary treasurer, to fill the position until the next AGM. However, the former treasurer refuses to acknowledge that person, considering herself to still be the rightful treasurer, even though she has resigned.

We haven't seen your club rules, so it is difficult to comment accurately.

The first thing you could do is to read the club rules.

Secondly, you could check the position regarding resignation and appointment of the treasurer.

Third, you have appointed an honorary treasurer. Is this correct procedure? Should you have called an EGM and simply appointed a treasurer? Is that possible? The club rules may contain the relevant information.

Peregrinus

It is a legal matter, certainly. But that doesn't mean that it is a criminal matter, in which the guards would interest themselves. On the facts given, I don't see that any crime has been committed. Generally, conduct relating to financial matters requires some element dishonesty before it will amount to a crime, and you don't suggest that the treasurer has been in any way dishonest.

Gertrude2

The Chairperson and Secretary of this voluntary group should go to the bank or credit union branch where the funds are held.

They should formally notify the bank in writing that the former treasurer has resigned and is no longer authorised to sign cheques or otherwise be active on the account. They should notify the bank that some other named person is now the authorised signatory. There is a set procedure for this and everyone involved will probably have to actually go to the bank and should bring proof of identity and place of residence.

Cancel the cheque book and get a new one issued. Get a bank statement so you'll at least know what's in the account.