how to get secretary notes not handed down from previous board

[Guest Sandy F]

I belong to an organization where the minutes from the previous year (s) was NOT handed down to the current board.  There also were not good treasurer reports done and it looks as if money may be missing.  We are missing invoices and with a lack of meeting minutes, we can't tell what was approved by the board either.  Please help with how to get these minutes from the previous secretary.

[Rob Elsman]

You should consult with an attorney to see what right the organization has to possess the missing documents and how to enforce that right against the person, or persons, who refuse to turn the documents over.

[Richard Brown]

6 hours ago, Guest Sandy F said:

I belong to an organization where the minutes from the previous year (s) was NOT handed down to the current board.  There also were not good treasurer reports done and it looks as if money may be missing.  We are missing invoices and with a lack of meeting minutes, we can't tell what was approved by the board either.  Please help with how to get these minutes from the previous secretary.

Guest Sandy,  i’m not as convinced as Mr. Elsman seems to be that you are at the point where you need to be consulting with an attorney. What steps  has the organization taken to date to get the materials? What exactly does the secretary say when asked about the records? Has the treasurer been questioned about the concerns? If so, what was his response?

The minutes and other records of the organization kept by the secretary are the  property of the organization. The secretary might have been the custodian of the records, but it was for and on behalf of the organization. The secretary has a duty to turn the organization’s records over to the new secretary upon request.

if you haven’t already done it, I would start with simple requests from both the president and the new secretary. You might also have one or two members who are friends of the former secretary To urge him or her to turn the records over. It might be that the records are in a state of disarray and the secretary is simply embarrassed to turn them over.

Assuming the secretary is a member of the organization, you can also consider disciplinary action up to and including expulsion from membership. See chapter XX of RONR for 26 or so pages of detailed information on disciplinary procedures. 

You should be able to use pretty much the same approach with the treasurer.

I am not a fan of just starting out with sternly worded letters. I believe you get much better results with friendly phone calls.

 

[Guest sandy F]

the former secretary and treasurer are no longer a part of the organization.  the treasurer only turned over reports from February to June and we have the bank statements from each month in 2018.  we are missing many invoices and checks were written to individuals with no invoices/receipts to match the numbers.  The treasurer didn't hand over anything until after weeks of calls from 3 different people (our current Treasurer, President and VP)  because our organization was being audited for our incorporation status.  I was given a suggestion to send a certified, signature required letter to the secretary and treasurer asking for them to attend a special meeting and to bring ALL of the records with them they are in possession of.  If they don't attend, another certified letter stating they have 10 days to turn over the information as they are in possession of Property that does NOT belong to them, if not the police will be called.  does that sound like a good road to take?

[Atul Kapur]

What, exactly, do you expect the police will do? Your experience may be different, but I would be very surprised if the police would get involved with a dispute such as this unless there is an order from a judge.

I has anyone gone  over to their house in person? It is harder to ignore someone at the door then a phone call. If that does not work, then get a lawyer's advice as has been recommended above.

 

Edited November 26, 2019 at 04:53 PM by Atul Kapur

[Richard Brown]

45 minutes ago, Atul Kapur said:

What, exactly, do you expect the police will do? Your experience may be different, but I would be very surprised if the police would get involved with a dispute such as this unless there is an order from a judge.

I has anyone gone  over to their house in person? It is harder to ignore someone at the door then a phone call. If that does not work, then get a lawyer's advice as has been recommended above.

 

I agree.  The police will not get involved in something like this unless there is some way to charge the former secretary or treasurer with a crime.  Getting them to turn over documents you need is a civil matter for which you need a lawyer if persuasion doesn't work. In reality, it  is hard to force someone  like a former officer to turn over records you need.  Once they tell the judge "I don't know what happened to those documents.  Someone must have thrown them away. I don't have them any more", what are you or a judge going to do?  If they admit they have the documents but refuse to turn them over, they can be held in contempt of court until  they comply with the court order.  But if they say they don't have them any more, there isn't much a judge or anyone else can do.  Perhaps you can sue them for damages, such as the expense of re-creating the missing documents.   Maybe a properly worded letter from an attorney  will persuade them that they don't want the hassle and expense of a lawsuit.  Those are questions for your attorney.  Finally, you must also determine whether your organization is willing to incur the expense of an attorney and/or a lawsuit.

I'm still of the opinion that friendly persuasion and offers of help are your best options.  Only you know if you have exhausted those options.