Financial liability

Interesting. Thanks.

The main thing I'm asking right now is, assuming a) no invoices have been written, b) I resign tomorrow, am I then in the clear?

If they can't charge unethical or self-serving behavior while you volunteered for the organization, I'm pretty sure you're safe from legal action. However, I'm not sure you need to "resign tomorrow." You wouldn't have volunteered for this work if you didn't think this organization was doing good works for the community - and not for personal benefit. Didn't mean to scare you away from this volunteer work; just wanted to make you aware of what the possible exposures are 'in the event' something does go wrong. All nonprofit organizations have legal exposure of one kind or another. It behooves you to be aware of them, and to protect yourself if the organization is unawares or unable. I would really hate to see you resign. c.i.

Just as an aside: I volunteer for the Santa Clara County Civil Grand Jury. We are exposed to civil law suits, but the local District Attorney will represent us in those events. It's probably very rate that grand jury members are ever sued, but it can happen. Most of us are aware of the exposure, but we volunteer our time to contribute to the community.

When they ask for a list of board member names so they can sue them, don't be on that list. It must be very clear that you're not on the board, though you can work for the board.


I am not a lawyer; but in my opinion, you are then in the clear.

Here's an idea for protecting your reputation in the Deaf community; I have no idea if it's a good one. Would it be possible for you to tell them: "Look, I really want to raise those funds, but I am obviously much more pessimistic about this liability issue than you are. I'd like to resign from the board, but continue the fund raising as an unpaid consultant. Let's get this down in writing, but without talking too much about it to the outside world. That way, our donors won't ask skeptical questions about our organization." If they are happy-go-lucky about liability issues, the form in which you work for them shouldn't make a difference to them. Do you think they would accept this?

Philosophically I feel uncomfortable about operating like this, and I suspect so do you. But if this is what it takes for you to protect your standing in the Deaf community, it may be worth doing.

Oh, god, I'm really tearing my hair out over this one.

Lawyerdude still hasn't gotten back to me about the insurance plan.

I followed up twice with business manager about Plan B. (He had said in the meeting that he had one, but didn't want to say in front of everyone, wanted to stay positive.) Nothing from him. Then, an email with the subject "Plan B", to the executive committee + me, and a revised budget. That's nice, I'm happy about it, good job, long overdue, but it's not a Plan B. It is a revised budget. It still assumes that we will be able to get some $80,000 more (from registrations, exhibit fees, sponsorship, whatever.) It still says nothing about what will happen IF we don't have enough money.

The budget itself is insane. I asked where the $10,000 was that was left over from the first conference -- "Oh, it's been used for PR, etc., etc" OK, but where is it in the budget? "Well I had to use it so there wasn't a deficit..." HUH? For example, only some of the money I have raised appears under "fundraising." The rest is "gone", because it was used to reduce the shortfall of the New Year's Eve event.

Insane.

We had a meeting and the chair and I successfully, I think, argued that it was insane and could he please make a budget that shows all of the money, what came in, what went out, what projected expenses are, and what projected revenues are?

Lots of heat on his side, but he came around.

The problem is, with all of this moving things around, it is impossible to tell how much money is still needed. I mean, obviously, as much as possible, but in terms of finding some sort of a line -- where I could reasonably say, I raised this much money, therefore I'm going to stop -- the line, when it can be found at all, keeps moving.

I haven't been this stressed about something in quite a while.

If this were a hearing group, I would just up and leave, let the chips fall where they may. My husband, in talking about this (possible lawsuits, et al) tried to help me get the guts to just leave by saying, "This is our financial future" [if the board is sued] and I countered with "Making too many enemies is our financial future, too." The Deaf community is just tiny, and if the wrong people say the wrong things to people in Ohio, that seriously impacts my career opportunities.

The move is useful, here, in that the realtors are encouraging us to make a serious househunting trip in mid to late April. We will be there for a while, and I need to focus on that 100%. So I am planning at this point to try to pull in a couple more major donations, then announce that I will be quitting in a couple of weeks, the reason is househunting trip, have a bunch of stuff all ready to hand off; complete records, thank-you letter templates, a final report, etc., etc; and then just go.

Some things I am trying to figure out -- the chair has been sympathetic lately (arguing with business manager to make sure all of the funds I have raised actually appear in the budget, for example), and I am thinking of going to her first, and asking for her support during the meeting where I announce it in general.

Oh god this is going to be bad.

Any advice most appreciated.

By the way, re-reading Thomas' good advice in the post immediately preceding mine, I think I need to go either/ or on this -- I need to make it about how busy I am and the fact that the trip and house-hunting require my full attention (which is TRUE!) or go into the liability issues, which include my belief that there is too high of a chance that the event won't be profitable, which segues to easily into what a bad job I think they have been doing...

I bought InStyle magazine to try to veg out and calm down (I'm sick on top of everything else, well maybe not unrelated), and this is what their horoscope says for March:



In my highly agitato mind, that means keep it simple and stay well away from anything about fault.

I'm not a lawyer either, but I agree with Thomas. I think protection of yourself is the primary goal - at this point.

Yes, me too, the question is HOW?

Thomas suggested getting it in writing that you 1) are not a member of the board, 2) are a unpaid volunteer as a fund raiser, and 3) this will be your final contribution towards this agency as a volunteer.

The problems are a) I don't want to get into the aspect of I think they are idiots who won't make money -- It will get their backs up, accusations will fly, etc. -- and b) I don't want to do ANY more work. I am already extremely stretched, and need to pay attention to house hunting and other things related to upcoming move. I don't want it to be, I will continue to work under these conditions, I want it to be, I'm going to stop working. Good luck.

I am going to stop working, good luck, sounds right to me.

The deaf community may be small but you are a smart woman who can move mountains, usually. This aspect about you will always prevail over time, whate'er the badmouthing that may or may not happen as other people get into blaming.

Thomas' letter, yes, sounds good to me.

Diving after a good cause run badly is not a favor really, it is a damn waste, and your family joy at this moving time is of equal/more weight to me. To you, you are probably still trying to make both work. The general lack of response - except for one smartee - really flags things. You will select for the family, of course, and are trying to pinpoint when best to do it. My view is now.

It's true maybe they'll do fine at the door and I hope they do, but maybe they won't.

I am sort of biased. We have a very popular gallery show right now with wildly low sales. People stream in and love it and don't buy, clutching wallets tight. (No, the prices are not too high). Your group's counting on door sales bothers me a lot.

Uh, on suit. If you owe at the end of a suit, it can be more than your share of the eighty thousand (give or take twice as much, heh), or can it? Geez, think of lawyer's fees. Schniff.
I think you need to write a letter in any case, possibly with help from a lawyer. A deaf lawyer? That is a little manipulative as an idea, but hey, it came to my mind. But a lawyer who understands in any case.

Thanks, osso.

Things keep sort of swimming into focus-- yes, I'll do that!! -- then I think of some possible repercussion, and I'm back to swirling chaos.

Ack, I've definitely learned a lesson or three from this experience, anyway. Coulda woulda shoulda.

I just edited, perhaps or not, valuably.

I was going to add here anyway, a comment that in all my time at a2k and beyond, I've never had a quiver of qualms about anything you have said, Soz; I think of you as exceptionally well balanced, savvy and sane. Not to be obnoxious about the observation, just that you have steadiness and wit and energy together, a rare quality.
I'll be interested to see what you end up doing, on purpose or by default, and support what ever you do.

I also think you'll end up with the right decision, sozobe. Your heart and your mind is in a mild struggle right now, but that's a natural process when we devote so much of our heart to a good cause.

Aw, thanks, Osso. I'm feeling a bit wobbly, and wobbliness is not a pleasant state for me, and that helps a lot. <hugs>

Oh and c.i. snuck in there, too! You've both been a tremendous help, thanks.

Yah, but did you see my deaf lawyer thing? I know, obnoxious idea, in a way, but maybe an hour consult, not to Use, but for the combined sensitivity and savvy, plus, then, yes, more fuel on your side.

Yeah.

I dunno WHO, for one thing... not a lot of Deaf lawyers, the only one I know is lawyerdude, who is quite involved in all of this.

Second of all, I just don't know if I can afford to go that route. By that, I mean that while I did a heckuva lot, was I perfect? Nah. Something I struggled with was attempting to just work with what I was given, not be the only person working my butt off. I didn't do this as thoroughly as I planned; the website, for example, was something that I took into my own hands in a few ways when it was dragging on forever. (Thanks, again, to Craven for his part in helping me out with that.)

But, I could have written a lot more grants. I could have organized more fundraisers. It wouldn't be too difficult for them to credibly say I should have done more -- my thing is that if I had done all of that, I would have been working 5 times as hard as everyone else instead of just 3 times as hard.

But it makes me nervous to get into apportioning blame... going back to old emails to prove things, etc., etc. I feel like I would have to be lily-white to get into all of that, and I'm not. It is all incredibly interdependent; if I had been given viable contacts, if there had been confirmed workshops to use while applying for grants, if... but I'm not lily-white.

Um, I always see my own faults first. I went to the bank today waving a letter, how could this acound be overdrawn, and it, upon closer inspection by my friend the teller, was a note thanking me for resolving an overdraft (the day I had that checkbook in my purse for a once a year dispursal and used it afterwards at the grocery store... anyway, I trust it is me that is wrong most of the time, while maintaining general certitude).

I wasn't talking about a giant legal deal, just a review of your letter of 'so long'.