For code of conduct and falsifying fact issues within a committee, after raising it to the chair of the Board, no resolution was achieved. Where is the next authority to report such issues? Any organization governing nonprofit organizations?
You don't say what role you play within the organization, but assuming you are a member of the Board and you have not been able to resolve the issue through discussion with the falsifiers, the committee, or the chair of the Board, the next step is to raise the issue with the full Board. (If the organization has voting members and you fail to get resolution from the Board, you might want to take it up with the members.) If these efforts fail, you may have a potential lawsuit if there has been a violation of bylaws or formal policies, or a complaint to the District Attorney or Attorney General if there has been a violation of the law. You want to be very careful about either of these courses of action, however, because they can be costly and diverting, and because the publicity can seriously damage the organization and its mission.
Assuming that your organization is not part of a system of other organizations, there is no organization that governs nonprofits generally, and the Attorney General is usually the only outsider with power to legally enforce proper governance. If none of these suggestions is appropriate or effective, at the very least you will want to record your dissent in the Board minutes if you disagree with any action taken on the basis of this falsification. You may ultimately have to decide whether the infraction is so significant that you have to resign.
Legal Issues in Volunteer Involvement:
Maximizing the Benefits, Minimizing the Risks
Pre-recorded Webinar -
This pre-recorded webinar discusses: risk management and the organization's liability for the acts of volunteers; legal responsibilities in screening and placing volunteers; liability for harm to volunteers; applicability of volunteer protection statutes and workers' compensation statutes; insurance coverage and indemnification issues; applicability of employment discrimination laws; and more. The session also discusses confidentiality, protection of intellectual property, volunteer contracts, and ways to minimize risk through training and supervision. Learn to balance the risk of possible problems against the risk of turning away valuable volunteer support.
Weekly question and answer
Notice of each full edition
and its free stories
Report on 501(c)(3) electioneering
What our readers say about Nonprofit Issues
Once again you've tackled a tricky question and explained it so we all can understand the issue.--M.V.
Thank you for your informative and keen advice on nonprofit matters. I believe it's a unique and concise place to get answers to this often wispy area called nonprofit. --R.T.
Have a question?
Other ways to
Talk to the Editor
Next Conference Call:
Thursday, July 24, 2014
Participate in this bi-monthly telephone seminar conference call and ask your questions directly to Editor Don Kramer.
Access the entire site
($9.95/24 hours, $17.95/3 months).
Full Day Program
A well-received full-day program that covers the current hottest topics in nonprofit law. Qualifies in Pennsylvania for Continuing Education credits.
Don is available for programs and speaking engagements ranging from a one-hour presentation to a full-day primer on nonprofit law. Contact us if you are interested in having him speak at your program.