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-   -   Sex offenders as board presidents (https://www.askmehelpdesk.com/showthread.php?t=681117)

  • Jul 10, 2012, 11:38 AM
    Finchjohn2
    Sex offenders as board presidents
    Can a registered sex offender serve as a board president of a non profit orgazantion
  • Jul 10, 2012, 11:53 AM
    ebaines
    Quote:

    Originally Posted by Finchjohn2 View Post
    Can a registered sex offender serve as a board president of a non profit orgazantion

    Sure, although the offender may be under restrictions that limit his/her ability to interact with children, so depending on the nature of the non-profit organization and the duties of the president that could be an issue. But I see no legal limitation that would preclude a sex offender if being named president of a board.
  • Jul 10, 2012, 11:57 AM
    Finchjohn2
    Quote:

    Originally Posted by ebaines View Post
    Sure, although the offender may be under restrictions that limit his/her ability to interact with children, so depending on the nature of the non-profit organization and the duties of the president that could be an issue. But I see no legal limitation that would preclude a sex offender if being named president of a board.

    are there any legal laws against it
  • Jul 10, 2012, 11:59 AM
    ebaines
    Quote:

    Originally Posted by Finchjohn2 View Post
    are there any legal laws against it

    Not that I am aware of, but since sex offender laws vary by state you should tell us what state you are in. Also - what is the nature of the non-profit?
  • Jul 10, 2012, 12:01 PM
    Finchjohn2
    Quote:

    Originally Posted by ebaines View Post
    Not that I am aware of, but since sex offender laws vary by state you should tell us what state you are in. Also - what is the nature of the non-profit?

    am in California , and we raise money for charity
  • Jul 10, 2012, 12:37 PM
    ebaines
    I found this site: http://www.meganslaw.ca.gov/registration/minors.aspx?lang=ENGLISH

    which states that: "Sex offender registrants whose sex crime was against a victim under age 16 are prohibited by law from working, as an employee or volunteer, with minors, if the registrant would be working with minors directly and in an unaccompanied setting on more than incidental or occasional basis or would have supervisory or disciplinary power over the child. If the registrant's crime was not against a victim under age 16, the registrant must notify the employer or volunteer organization of his status as a registrant."

    So it appears that there is no legal prohibition against serving as board president.
  • Jul 10, 2012, 02:09 PM
    AK lawyer
    Quote:

    Originally Posted by Finchjohn2 View Post
    are there any legal laws against it

    Evidently not. There are no illegal laws against it either, for that matter.
  • Jul 10, 2012, 03:35 PM
    Fr_Chuck
    No there is none, if the non profit deals with children then there may be issues. You did not say what the crime was, what the retrictions and what type of non profit.
  • Jul 10, 2012, 03:37 PM
    JudyKayTee
    I'm thinking bonding could be an issue - and I wouldn't serve on a n/f/p without being bonded.
  • Jul 11, 2012, 02:22 PM
    ebaines
    Quote:

    Originally Posted by JudyKayTee View Post
    I'm thinking bonding could be an issue - and I wouldn't serve on a n/f/p without being bonded.

    A bit of a quibble here - bonding is typically only necessary for employees who actively handle money for the organization and thus have the possible opportunity of committing fraud. Board members (including the president) should not be handling cash, so no need for bonding (although depending on how the organization works there may be an exception for the treasurer if he is involved in writing checks or handling cash). However, director's and officer's liability insurance should be provided, to protect the board members and organization in case of lawsuits. I doubt this would be an issue in this case - when a non-profit buys D&O insurance I don't believe that the insurance company does a background check on the board members, since they can cycle in and out quite frequently.
  • Jul 11, 2012, 04:05 PM
    JudyKayTee
    Quote:

    Originally Posted by ebaines View Post
    A bit of a quibble here - bonding is typically only necessary for employees who actively handle money for the organization and thus have the possible opportunity of committing fraud. Board members (including the president) should not be handling cash, so no need for bonding (although depending on how the organization works there may be an exception for the treasurer if he is involved in writing checks or handling cash). However, director's and officer's liability insurance should be provided, to protect the board members and organization in case of lawsuits. I doubt this would be an issue in this case - when a non-profit buys D&O insurance I don't believe that the insurance company does a background check on the board members, since they can cycle in and out quite frequently.


    I serve on a n/f/p - I asked that I be bonded. You just never know what will happen.

    But, yes, I totally agree - and I don't know that this type of offense means a person is dishonest.
  • Jul 11, 2012, 04:34 PM
    AK lawyer
    Quote:

    Originally Posted by JudyKayTee View Post
    I serve on a n/f/p - I asked that I be bonded. You just never know what will happen. ...

    If it's security from liability you seek, look into E. & O. (errors and omissions) insurance. A bond is to make sure that you pay what you agree to pay under certain circumstances. Liability insurance, on the other hand, is to protect you in case someone feels you have done something negligent. There is a big difference.

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