Did Jade’s former director divert money so that he could not repay the municipality of Midden-Drenthe? The court must consider that question after it appeared in court again that the parties are too far apart about the money that was intended for the education of asylum children.
On Wednesday afternoon, the judge tried several times to get the parties together to see if they could reach a mutual solution.
Because although the matter revolves around money, he believes a lack of mutual trust is an important part of the conflict that has been dragging on for years. The business conflict aroused emotions on both sides.
Back in time. In 2014, an asylum seekers’ center will be opened in Oranje where children will also be living. The municipality must offer education and finds a provider for this type of education in the Jade College Foundation.
Because there is still no money from the Central Agency for the Reception of Asylum Seekers (COA) and the government, Midden-Drenthe and Jade agree that the municipality will pre-finance 1.7 million. Education can then start and the money will be repaid later when other money flows get underway.
Because fewer asylum seekers come to Orange than originally planned, the school also closes earlier than planned. In July 2017, Jade College goes bankrupt. The congregation is left bewildered. The lawyer states that the municipality did not know that the financial situation was so bad.
In November 2017, the municipality and the foundation reach an agreement on repayment of the money advanced. About nine tons at the time. But other Jade parts will also go bankrupt in 2019, there is no money for Midden-Drenthe.
At the end of that year, a large part of the municipal council of Midden-Drenthe supported a motion of sadness against the mayor and aldermen because of the state of affairs surrounding the financing.
Midden-Drenthe wants the loaned money back and holds the director personally liable for it. His home and bank account have been seized. According to the municipality, the man has shifted money from the Jade College Foundation to another branch of the Jade group (more than 2 million euros) and he can therefore be blamed personally for not getting the money back from the municipality.
“It should have been used for repayment to the municipality,” says the lawyer of Midden-Drenthe, who believes that the money has been ‘wasted’. “What it was spent on is unclear.”
According to the Jade driver, the municipality must approach the COA or the government for the eight tons that have not yet returned. In addition, he states, it was normal practice to transfer money from Jade College to the parent foundation, because that account accrued interest on the amount and the other account did not. If rent or salary had to be paid in Orange, money was refunded.
The court wants to know whether that can be traced. He wants to be clear whether all the money Jade received for education in Orange has actually been used for education. After the bankruptcy, the Jade director was fired by the trustee, so he cannot access the accounts. An attempt is being made to find out.
That may remove some of the mistrust of the municipality, the judge thought. Or is the pain somewhat relieved, because then it is clear that the money that is gone has at least been used for the right purposes.
It is a last attempt to bring the parties closer together. That did not work today in the court in Assen. The option to settle was swept off the table by Midden-Drenthe because the difference between the parties is too great, says the lawyer.
The former director feels unfairly dismissed as a fraud. “The matter is being blamed on me.”
His lawyer calls him an ‘almost broken man’. He believes his client’s name has been tarnished and wants it cleared. The attachment must also be reversed, because the municipality has not proven that the director used the money for things other than education.
Dennis Bouwman, alderman since December 2016, is also not comfortable in the room. With the motion of mourning no doubt in mind, he says that it is ‘all in all an emotional event’.
“The Orange asylum seekers’ center has had a huge impact and has it to this day. That means that it is also an emotional development for us,” he says as the emotion hits his voice. “We have acted in good faith, in the interest of children. We feel that trust has been betrayed. Despite the emotions, it is a business matter, a line under it is important.”
The court can now do that. If the parties cannot reach an agreement after supplying new information, the court will rule in ten weeks (if all goes well).