NY whistleblower law creates private right of action

An employee of a foundation who complained of being fired for reporting alleged fundraising violations has a private right of action under the whistleblower protection provisions of the New York Not-for-Profit Corporation Law, an appellate court in the state has ruled.

Private nonprofit employee is “public servant”

When the defendant in a criminal case in Colorado wanted to get rid of a GPS ankle monitoring device he was wearing as a condition of his pre-trial bond, he presented a falsified court order to an employee of a private nonprofit organization operating the pre-trial program.  On the basis of the fake order, the employee removed the ankle bracelet.

State University property immune from tax

Real estate owned by Indiana University of Pennsylvania, a member of the Pennsylvania System of Higher Education, is immune from real estate taxes as a governmental entity, not exempt as a charitable organization, the Pennsylvania Commonwealth Court has ruled.  It has overturned two unreported prior cases to reach its decision.

Fundraiser is not whistleblower on SEC complaint

The director of planned giving at a nonprofit school of engineering who files a complaint with the Securities and Exchange Commission about the school’s administration of a charitable remainder trust does not qualify as a “whistleblower” entitled to protection under the Dodd-Frank Act, a federal District Court in Wisconsin has held.

Church board may remove pastor

The board of trustees of an Independent Baptist Church in Maryland has the authority under the Maryland Religious Corporation Act to remove the pastor of the church without the involvement of the congregation, an appellate court in the state has ruled.

Deductions reduced for historic façade easements

The Tax Court has significantly reduced the charitable contribution deductions claimed for historic façade easements imposed on historic apartment buildings in Buffalo, NY, but has ruled that the difference does not justify a penalty tax for a gross valuation misstatement.