Article Archives >> To the Point
An all-volunteer 501(c)(3) arts organization that produces an annual festival has as its festival director and board president the same person. This president/festival director has recently made various public announcements, on behalf of the organization yet without the board's knowledge, that he is leaving one of his positions and is searching for a successor. Most recently he announced he will step down as festival director but will remain president of the board of directors. What authority can the board call upon to rein him in and fix this mess? The by-laws of the organization don't address this.
It is not clear what “mess” you are trying to fix. A person has the right to resign a position at any time and can announce that resignation in advance, with or without notifying the Board before the announcement. If the Board is really upset, and a conversation won’t solve the problem, the Board could normally remove him as an officer and/or as an employee if it deemed it appropriate to do so, subject to any contract rights he may have.
Whether the President has the unilateral right to appoint a new festival director while staying on as President would depend on your general employment policies. But if the Board wants to take control of the replacement process, it can undoubtedly do so. Sounds like some discussion with the President is necessary before you decide what course of action you want to follow.
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?
If you can't find your answer, submit a question and Don will pick one question a week to answer online and to include in our weekly e-mail notice.
Other ways to
find answers:
Talk to the Editor
Next Conference Call:
Tuesday, February 14, 2012
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).
Nonprofit Issues
Live
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.
Speaking Engagements
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.
