Society's infighting boils over into courts
A Whitehorse brother and sister have each brought a civil lawsuit against the Humane Society Yukon.
By Ainslie Cruickshank on August 3, 2012
A Whitehorse brother and sister have each brought a civil lawsuit against the Humane Society Yukon.
Madeleine Girard is a former member of the society's board of directors.
She has brought the suit against the society for some of the costs she incurred for the Mae Bachur Animal Shelter, which the society manages, while serving on the board.
She was a director from August 2011 to April 2012.
Her claim is for $1,643.71 in what she says were approved expenses incurred on behalf of the shelter partly for a concession during the Arctic Winter Games (AWG), as well as for an accounting software program and various other items.
In a reply to the claim, the shelter agrees only that Girard is entitled to $636.99 of her claim.
The shelter also counter-claimed in the amount of $769.56 for food left over from the AWG concession that it claims Girard took home with her, preventing the shelter from returning it for a refund.
In Girard's response to the shelter's counter-claim, she denies having taken most of the food listed, saying a lot of it was donated to Kaushee's Place or the Salvation Army.
The rest was donated to shelter staff and directors who had volunteered at the AWG concession.
The food she herself took, she said, was perishable and therefore non-refundable.
Girard's brother, Paul, has also brought two suits against the shelter.
The first is for work his company, Ovation Construction, completed for the shelter.
Paul claims he has not been paid for $20,000 worth of work he completed, but that society president Shelley Cuthbert did cash the government grant for the work.
He said Cuthbert claimed breach of contract for extra work he completed as a donation to the shelter.
Interviewed late this morning, Cuthbert would not comment extensively on the suit because they are before the courts, saying only she doesn't agree with Paul's version of the situation.
"There was a contract in place, and from what we have identified there were breech in contracts so therefore payment was withheld until such time as we could sort this out,” she said.
Paul's second suit is against Cuthbert personally for a cell phone he claimed he lent her under the arrangement that it would be returned and the charges incurred would be paid.
Cuthbert's reply to the claim says she offered to pay for the charges and Paul refused.
In an interview Thursday afternoon, both Girards reiterated numerous times that they have no interest in causing any harm to the 14-year-old shelter.
They said they want to see it continue and develop into a strong, self-sustaining organization but they also want to be paid for their expenses and work completed.
Madeleine also noted there are other expenses she incurred personally and is not claiming for, including a failed fund-raiser worth approximately $2,600 and two veterinarian's manuals worth about $170.
The suits appear to be a culmination of infighting among the shelter leadership.
Madeleine said she left the board after various conflicts arose.
Those included one between her brother and Cuthbert over payment for shelter repair and renovation work, some of which had been required by the workers' compensation board.
Since that time, she said, she hasn't been able to renew her membership to the shelter, noting her cheque was sent back to her.
Cuthbert said she and the board of directors had a meeting and determined there were some membership applicants who should be denied membership or renewal based on "past behaviours.
"We do have our documentation if we were ever challenged on that.”
On Tuesday, the shelter sent out a media release which says since the inception of the board of directors in August 2011 it "has endured repeated attacks from disgruntled former staff, ex-board members, past board members, current members of the society and the public.”
Various letters of concern and the shelter's responses can be found on the shelter's board of directors' website at humanesocietyyukon.ca/bod-page.html.
The release goes on to list a number of ways in which the shelter has improved in that time, including the hiring of two animal health technicians, offering spay and neuter clinics in the communities, and professional training for staff among others.
"Through all the positives the board of directors, staff, and members have had to endure negative, slanderous, malicious and vexatious complaints, invasion of their privacy by receiving emails that are unwanted, which places the humane society at risk,” it says.
The release says the leadership wants to turn the shelter into a positive atmosphere.
The shelter is now "reviewing membership applications and denying individuals that appear to be unwilling to adopt fostering and compassionate care for the animals and staff etc.” and "banning individuals who have repeatedly slandered, defamed, and harassed the (board of directors), staff, members, volunteers, and patrons.”
"If we do not invest now, the toxicity will continue, and someday the shelter will close due to the fact nobody will want to be part of this society.
"We also cannot guarantee this will change the image but at least we are making every reasonable attempt to move things into a positive direction,” it says.
Madeleine suggested there are other aspects that have fallen by the wayside in recent times that also need to be improved.
She said she has been denied access to membership records which every member should be able to see, and noted that financial records have not be available since December 2011.
"There has been a complaint filed with the registrar; we are being investigated. However, we are actually looking forward to the investigation results so that we as a society know how to improve our system and the gaps in our system,” Cuthbert said.
"All we can say with regards to not showing the membership list is that this matter is before an investigator, so we need to allow them to proceed through the documentation and provide back any feedback.”
"There's been a whole gamut of things that have been going on with the humane society for years and it's time that the humane society changed its image to be a more positive environment where people want to come in,” she said.
Over the past month, there have also been concerns voiced in the Star's letters pages about a trainer who was invited to host a course for shelter staff.
Earlier this week, a shelter staff member responded to the original July 18 letter, defending the training practices.
By Ainslie Cruickshank
Star Reporter
Comments (15)
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Annonymous on Aug 10, 2012 at 2:11 pm
The harassment started when a certain individual who shall remain nameless came to shelter and threw a tantrum (complete with throwing a chair). Accountability can occur when the previous shelter admin gives up the files that were taken when she left.
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Amanda on Aug 9, 2012 at 12:38 pm
Whats the point of seeing financials? They are available at every AGM. Being told no isn't a reason to attack the society.
I'm very disappointed at how people are acting. Very childish and are loosing sight of the animals. The staff are doing a wonderful job, why can't we focus on that?
The shelter is helping the communities by offering spays and neuters along with vaccines. Why can't people focus on the good and drop the drama?
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joe on Aug 8, 2012 at 7:07 am
Well the financials dont have to be released- only once a year and maybe ask why the Girards kept the finacials for themselves and did not pass on to the Board when they resigned?
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Happy Paws on Aug 8, 2012 at 6:38 am
DMZ - just being truthful, having been a victim of both myself I can relate. If you aren't part of the "in" group in Whitehorse things are not easy for you.
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Marjie Klein on Aug 8, 2012 at 4:05 am
I'ts about the accountability of the society to its membership. It's hard to see that through all of the "fiasco" talk.
I'm not sure why more people haven't been asking why...
Why are all these people - previously contributors to the society - now being accused of harassment?
Why won't the BOD release the financial information? something which members in normal non-profits - should have no issue getting to view?
Yes the organization has been on a downward spiral for some time, but perhaps a harder look need to be given to those who project the problems onto others when in fact they are the source themselves.
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north_of_60 on Aug 7, 2012 at 7:07 am
No surprise that the old Board who were responsible for the "Trevor-the-$40,000-dog" fiasco, would be displeased with the new Board that were brought in to clean up the mess.
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DMZ on Aug 7, 2012 at 6:01 am
"1. She is not a long term Yukoner, not part of the "in” clique in town, a victim of the Whitehorse gossip tornado. 2. ...Two things that many people in Whitehorse often object to: new people with different ideas and change."
A little over the top, yes? Ms. Cuthbert's supporters aren't helping her with this quality of comment.
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Happy Paws on Aug 7, 2012 at 3:45 am
Ms Cuthbert has support - there have been a lot of positive changes that everyone seems to want to ignore. 1. She is not a long term Yukoner, not part of the "in" clique in town, a victim of the Whitehorse gossip tornado. 2. she made quite a few changes after she started. Two things that many people in Whitehorse often object to: new people with different ideas and change.
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What would Trevor do? on Aug 5, 2012 at 2:46 am
"Motion to place ad in paper to determine if any other company's bid on the RFP for Building Maintenance as all bids went to Ms. (Marta) Keller (Board Director) who is the girlfriend of the successful bidder."
"Motion to accept the City of Whitehorse inspection reports which outline Ovation Construction failed to file the proper permits and did not complete the work to meet NFC, Electrical Code, Building Code and Building Development"
"Motion- Retain a lawyer on behalf of the Society to proceed with lawsuits against Ovation Construction- Breach of Contract,
Madeleine Girard- Breach of Confidently, refusal to return Society property, unethical behavior- Example- providing contractor (her brother) with Society proposals in order to bid the right amount on building reno's and
Marta Keller- Breach of Confidentiality, unethical behavior and assisting Contractor with lawsuit as an active Board Member for the Society"
http://humanesocietyyukon.ca/documents/Special Minutes April 23, 2012 Final.pdf
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bobby bitman on Aug 4, 2012 at 2:35 pm
It's a tough job no matter which position you fill. Dealing with the realities of disposable animals, budgets, sensitive people, strong beliefs... I just donate money and stand back. Went to one meeting once, years and years ago, where they debated doing very expensive dental work for a very old poodle. I could see both sides, those who felt the dog must be helped, and those who felt the money could be better spent (who I tended to side with). I wish the best to all involved and hope that no one is playing power games here. I still support the Mae Bachur and all the good that they do.
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Michael on Aug 4, 2012 at 12:04 pm
I'd like to thank Curt Essiambre for helping us understand the behaviour of our extreme alpha dog Nanook. He was pushed out of the Humane Society due to politics as well. All the staff we met were very helpful and focused on the animals, BIG thanks to the staff. It seemed the "management" is there only to satisfy their egos. I think someone should step in and restructure the Humane Society management.
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jessica on Aug 4, 2012 at 9:53 am
I think that she should be grateful for anything they get. The humane society works there butts off to keep animals safe and secure, and for fostering on a regular basis. If people keep suing we aren't going to have a shelter in all of the YUKON anymore.. If you have money, why charge a non-profit organization
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Wayne on Aug 4, 2012 at 9:27 am
The shelter has always been a toxic
work environment.
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Rolf Schmitt on Aug 4, 2012 at 4:43 am
So, " former staff, ex-board members, past board members, current members of the society and the public.” have concerns about your " leadership" Mrs Cuthbert. I just wonder who is left to support your "leadership", if so many people have concerns, there must be something wrong, right?
I will come in next week and buy a membership, let see what happens.
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flyingfur on Aug 4, 2012 at 2:48 am
What a shame considering the important work done here and that any assets, be they time or money, are being wasted on such petty infighting.