Chatham A’s, High School Class In Dispute Over Food Sales

by Tim Wood

            CHATHAM --- A dispute has arisen between the Chatham Athletic Association and parents of high school students over proceeds from the sale of food during last summer’s Cape Cod Baseball League all-star game.

            Mike Brady, whose son Sean is president of the class of 2010, alleged that A’s officials failed to keep adequate track of inventory, sales and cash.  In a pre-litigation demand letter sent to the nonprofit organization in November, the class asserted that it should have made $9,500 from the sales.

            Chatham Athletic Association (CAA) President Peter Troy, however, said that figure is too high, and the $2,500 the organization has already paid the class more than covers what it is owed.  Despite several attempts to resolve the dispute, Brady refuses to compromise, Troy said.

            “We have spent a lot of time and energy trying to resolve this with them,” Troy said.  “But they remain dissatisfied with the facts as we present them. The bottom line just seems to be give us more money. We are not willing to do that.”

            Now that attorneys for both sides have exchanged letters, the dispute is likely to move to the next level, said Brady.  “It’s too bad,” he said, but the matter is likely to end up in civil court.

            “We’re not going to go away just because they wrote us that letter,” Brady said of a Dec. 10 response from Athletic Association attorney Hrant Russian.  “We’re holding our ground.”

            [Even though the nickname of Chatham’s Cape League team has been changed to the Anglers, the nonprofit association that runs the franchise remains legally known as the Chatham Athletic Association, Troy explained.]

            The Nov. 14 letter from attorney Peter Farber, who represents the class of 2010, states that class members had previously sold food at a CAA expose last February and students were excited about the prospect of raising even more money at the all-star game.  They were told they would receive all net profits, minus a 15 percent cut taken by the Cape League, which sponsored the event. At the July game, which was held at Veterans Field, the class ran one of two food concessions, selling chowder, hot dogs, hamburgers and drinks.  In a meeting before the event, according to the letter, Troy told class members and parents that money from sales would be periodically collected by runners and brought to a central location for security reasons.  The money should not be counted prior to being picked up, he reportedly said.

            Brady alleged that the collection and accounting methods used the day of the game were sloppy. Deposit receipts he was shown did not add up, he said.  According to Farber’s letter, CAA treasurer Barbara Hansen told Brady that gross sales from the class concession were $6,700, and, after the Cape League’s cut, the class would net about $2,500.

            Brady questioned the figures.  He disagreed with sales calculations, and said his own inventory of food remaining after the event showed sales were much higher than the CAA claimed.  Brady subsequently met with the CAA board, which stuck to the $2,500 figure.  The association sent a check to the class in care of the high school, and it was cashed.

            Farber’s letter claims the agreement between the class and the CAA was a binding contract, and charges the nonprofit organization with violation of its obligations and unfair and deceptive practices. 

            The class demanded an additional $7,000 above the $2,500 already paid, based on Brady’s calculation of sales.

            In his Dec. 10 response, Russian, the CAA attorney, said Troy never promised the class members that they would make an amount certain at the event, and even cautioned the students that “an event of this nature was subject to many variables.”  Money was handled properly during the game, and was taken from the concession tent in a money back to a camper which served as operations headquarters, the letter states.  The CAA never refused to provide information on expenses and produced adequate computations of the amounts, and even performed an internal audit of revenues.  Chowder at the event was observed by CAA members being given away, and some food was not prepared property and was thrown out, the letter states.

            Actual proceeds from the tent after costs and the Cape League cut were $2,323.90, according to the letter.  The CAA board decided to send the class a check for $2,500.

            The letter also states that the hiring of Farber was never sanctioned by the class of 2010 officers, the superintendent of schools, high school principal or the school committee.

            Troy said the CAA has often worked with other nonprofits and students groups to help raise money, and has a long track record of contributing to the town and its youth organizations, including the schools. This dispute won’t change that.

            “We will continue what we feel are our good efforts,” he said.

            At this point, he expects the dispute to be handled through legal channels.  “We hope for resolution in that arena,” he said.

1/8/09