Cleveland, OH asked in Criminal Law, Business Law and Civil Litigation for Ohio

Q: How to fire a rouge board member completely?

In accordance with our Bylaws, we have fired two board members, we have followed all the procedures as explained in your Constitution. However, these 2 members are being stubborn. They manage to take some of the organization’s fund and they are holding it hostage with them. For the past 9 months, they never showed up in a single meeting that they have been invited to. Even the meetings we held to fire them.

Internally, we have already filled in the vacancies and moved on however, every now and then they interrupt our business. Last time the came and stole few electronics along with DVR security cameras to hide their crimes. And changed a few locks. How can we legally stop them from interfering with our business, trespass, legally confirm their removal, and recover the funds they already stole.

Our organization is a registered non-profit “Church.” With a 501(c) (3) status

1 Lawyer Answer
Nicholas P. Weiss
Nicholas P. Weiss
Answered
  • Cleveland Heights, OH
  • Licensed in Ohio

A: If they have been fired and removed then they are committing criminal trespass and you should call the police report theft and trespass.

On the civil side, if they are refusing to return property, then you can bring a cause of action against them for civil conversion, civil theft, and trespass. For conversion, if it was willful, you can be entitled to punitive damages and attorney fees.

Dimitrios Makridis agrees with this answer

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