Humane society’s turmoil headed for court
The acting president of the Humane Society Yukon (HSY) says the board is doing all it can to answer questions about its finances, but still plans to fight other government orders in Yukon Supreme Court.
Photo by Whitehorse Star
Shelley Cuthbert
The acting president of the Humane Society Yukon (HSY) says the board is doing all it can to answer questions about its finances, but still plans to fight other government orders in Yukon Supreme Court.
The board of directors of HSY had until today to provide the government with an explanation for why records are missing and no financial statements have been completed for the most recent fiscal year.
The territory’s registrar of societies said in a report earlier this month that it is “extremely troubling” that the society does not have its finances in order.
“The society is responsible for maintaining proper financial records,” Fred Pretorius wrote in a report released earlier this month.
“Its failure to do so is extremely troubling, as is its delay in preparing financial statements for the last fiscal year.”
The 19-page report follows a four-month investigation into operations of the 14-year-old Mae Bachur Animal Shelter.
The registrar’s orders include reinstating members who have been banned from the shelter.
Pretorius calls the rationale for excluding these members “preposterous.”
He also calls for an election of a new board.
The animal shelter is operated by board members of a non-profit society and is regulated by the Yukon Societies Act.
According to the act, the society must present financial statements for the last fiscal year at each annual general meeting.
If the AGM is more than four months after the last fiscal year (as it will be in this case), statements for the additional months must be provided.
“The HSY’s last fiscal year ended on March 31, 2012 over five months ago,” the report says.
“It is currently planning to hold its next AGM on November 23, 2012, exactly 15 months after the last AGM — the last possible date permitted under (the regulations).
“Financial statements for the last fiscal year have apparently not yet been completed even in draft form, as a result of missing records.
“It is not clear when such statements will be prepared, and requests from my office to the board treasurer for an update on this effort have gone unanswered.”
Pretorius ordered “the HSY to report to (him) by Sept. 14 providing the name of the accountant preparing its financial statements, explaining why it has not yet prepared financial statements for 2011-2012, setting out what financial records are missing and identifying a date by when it will have draft financial statements for 2011-2012 completed.”
In a letter sent to the registrar today, board treasurer Gerald Thompson writes that when he was reappointed as the treasurer, he was given all the previous years’ financial records for HSY but nothing current.
Delays in getting up to date information appears to be the latest in a long line of disputes between former and current board members.
“In trying to track down the current records, they were found to be in the possession of Madeleine Girard. It was requested from her to return all documentation but she refused,” the letter says.
Girard has been a critic of the board and current acting president Shelley Cuthbert.
She is one of a group of former members who have been banned from the shelter.
“A director at the time had to get the RCMP to contact her and have them delivered to her at a neutral location,” Thompson’s letter continues.
“I finally received them in late June and found that nothing had been done with them since December of 2011.
“Being as there are only so many hours in a day and this being a volunteer position, I was not able to get at them until mid-July, and finally got them completed in late August.
“As soon as I receive any information regarding the reports, I will be happy to supply you with the information.”
Thompson also claims Girard has in her possession the treasurer’s binder which has all the guidelines and budgets that she did not and will not return.
The copy of the letter, sent to the Star, notes that it has been “slightly edited due to confidentiality.”
In an interview today, Girard said involving the RCMP to obtain the documents was unnecessary, and that she currently has “absolutely nothing” in her possession regarding the shelter’s finances.
Pretorius’ report also highlights “further cause for concern” noting that minutes from an August 9 board meeting mention advice received from accountants that the society would “risk losing its charitable status if an audit were conducted at this time.”
But the registrar’s concerns go beyond the society’s bookkeeping.
Pretorius has ordered the board to reinstate members who have been banned from the shelter and applicants who have been denied membership.
The board has claimed the members were banned for disruptive and vexatious behaviour, something Girard denies.
In his report, Pretorius says “most of the rejections appear to be based merely on public criticism of the HSY board.
“Indeed, some of the applicants were rejected because of their public objection to a particular fund-raising event on the grounds that the HSY event was cruel and uncaring towards animals, and thus contrary to the HSY mission.
“The board’s characterization of such criticism as contrary to the HSY mission of fostering ‘a caring and compassionate atmosphere’ is preposterous.”
The order to reinstate members is one the board will be questioning when it files its case in Yukon Supreme Court requesting a judicial review, Cuthbert said today.
“We need to understand where he is coming from,” she said. “We went by legal precedent.”
Other orders, such as the one requiring a special meeting to elect a new board of directors be held no later than Oct. 5 are also on hold pending the court case, Cuthbert said.
As for how any legal fees will be paid, the president says community members have been donating to the shelter specifically to cover legal costs.
The board has sent a letter to Pretorius informing him of their intent to seek a judicial review, Cuthbert said.
“I think it is sad that it has gone this far; I think people are forgetting exactly what the purpose of the organization is – the animals,” she said.
See letter
Maureen Nowosad
Sep 14, 2012 at 4:10 pm
I support the Mae Bachur Animal shelter for the animals.
Cuthbert and Girard need to stop this pathetic fight and ego rampage and allow the election of the new board of directors to go ahead on Oct 5.