Nonprofit board involvment in discrimination practiced by the org?

[miawareness76]

North Carolina

I am trying to find out who would be expected to answer for discrimination charges when it involves a non profit with a board of directors, and the non profit is listed as a respondent. Would it be acceptable for just one member of the board(the one that did the discriminating) to answer for the company or would the entire board need to be involved in the answer as they are the governing entity, and are responsible in part for creating, upholding, and not changing the allegedly discriminatory terms and conditions?

 

[Mass_Shyster]

North Carolina

I am trying to find out who would be expected to answer for discrimination charges when it involves a non profit with a board of directors, and the non profit is listed as a respondent. Would it be acceptable for just one member of the board(the one that did the discriminating) to answer for the company or would the entire board need to be involved in the answer as they are the governing entity, and are responsible in part for creating, upholding, and not changing the allegedly discriminatory terms and conditions?

It depends on the form of the organization. Is this a corporation?

 

[miawareness76]

to stevef

Yes, they have been incorporated by the state of NC for well over twenty years. they are also set up as 501 c3 under the IRS.

 

[Zigner]

And, what discrimination do you feel has occurred?

 

[miawareness76]

stevef

****this reply is posted to answer Zigner's reply not Stevef*****
this is a matter that has already been caused and determined by the proper authorities, the discrimination is one of housing discrimination against disabled, and familial status, however, there were some severe administrative procedural err in the processing of this case, whereas there were three respondents named yet only one of them answered the complaint, and being that one of the respondents was the organization "et al" I am simply trying to determine whether the board (as the governing body of this organization) would have or should have been asked to answer for the org, as it is their duty as board members to ensure that the organization is in compliance with the law (this according to "duty of care" responsibilities as board members) Basically I am trying to find out if it their (the board members) fiduciary responsibility to answer to legal matters that involve the Organization that they govern.

 

[Zigner]

What does the attorney say who is bringing this action?

 

[miawareness76]

zigner

Well, being that the attorney works for the unit that made the administrative procedural errors (of which I have only mentioned one, another compelling error that lends to my justification as to why I have not addressed it with the attorney as of yet, is that they sent out completely different and contradictory cause findings to the complainant and the respondents and it gets worse)

I have little faith in what that specific attorney says being that that attorney was responsible for oversight of the administration of this case and yet he allowed the errors to be made, and has been caught telling half truths by not only myself but an additional attorney that has oversight over that attorney in another governmental department (brought in to oversee that attorney's actions from this point forward, because of those errors, and significant omissions)

I would like to refrain from getting into too many specifics regarding this case as I am acting as an advocate for the complainant, and this attorney and the specific circumstances are not of significant relevance to the original question posed. What is relevant....the charges are involving the creating and maintaining admission guidelines that are discriminatory(discrimination in the terms and conditions), which to my knowledge are one of the responsibilities of a board such as this.

I am simply attempting to find out if non profit Boards are expected or required (within their fiduciary responsibilities) to answer (when I say answer, I mean in the legal capacity of filing an answer to a complaint that was filed against them, not within the organization itself, but a complaint filed with a governmental organization in charge of taking complaints, investigating and prosecuting them under their authority and purpose.) Any information you may have regarding this particular matter would be greatly appreciated (even if it is merely a referral to a statute in regards to this matter, or the question originally posed.

 

[Mass_Shyster]

The answer must be filed by an attorney representing the corporation. A board member filing an answer on behalf of the corp would be practising law without a license, unless that board member is an attorney.

 

[miawareness76]

stevef

thank you for your reply, however, just as you would have the right to file an answer yourself if you were served with one in small claims court; an individual in this capacity also has to file an answer. There needn't be an attorney filing that answer for them, just as you would not be required to obtain council if you or I were brought up in small claims court, or any other court...the rules apply the same across the board. In addition, they do have the right to file an answer themselves as long as it is affirmed, and signed.

Anyone has the right to act as an attorney when they chose "pro se". This is not a legal brief, or pleading (which anyone can also perform under the pro se), or anything of that sort and the court case has yet to be filed, charges are the only thing that they have filed as of yet. the answer in which I am referring to is the informal answer that they have the right to file so as to give reasons why they have done what they have done, and is set in place to be received prior to an investigation, to serve as grounds for additional questioning and so on.

 

[Mass_Shyster]

The "person" being sued is the corporation. A corporation is a ficticious person created by law. Since the person being sued cannot file an answer, the person must be represented by an attorney.

The individual member of the board is not being sued. The corporation is being sued. The corporation has chosen the protection of the laws of NC, and must abide by the obligations imposed by those laws. One of these obligations is that a corporation must be represented by an attorney in any court proceeding.

See http://corporatecounsel.ncbar.org/newsletters/thebusinesslawyernov2010/corporateprose.aspx

 

[miawareness76]

Stevef

Thank you so much for the link, this gives me great insight as to the actual court proceedings that are to come, and what are required of them at that time.

I did notice that it said that they could act as pro se in an administrative proceeding, and being that this, as of right now and until the complainant elects for judicial action is considered an Administrative proceeding, I take it that they were within their rights to have the non attorney executive director file the answer (which was administrative) for the corporation. However once the election to go to court is made they have to retain counsel.
This is great information and I thank you dearly for this, as I have researched and researched this case and have not managed to be able to put it in the context it needed to be in to get a result such as what you found (case law included which is priceless) thank you again for your help, and if you happen to know of any remedies that are available to the complainant for the administrative err, neglect, and so on from the Gov entity itself, after this case with the non profit is adjudicated, please feel free to share.

Thank you again for your time and your effort...it is greatly appreciated!

also if I have misinterpreted this(the administrative portion of the link) please feel free to let me know as well.