Step by step

Have you been harassed by a Non Profits Board of Directors? Possibly by a non- profit like Daxton’s Friends?

A nonprofit’s board of directors is the agency’s managing group. The board of directors are responsible for the nonprofit’s decisions — such as how to spend grant money — and must follow the bylaws, the nonprofit’s internal rules.

Let’s take Daxton’s Friends for example:

Who are the Board Directors?
According to Daxton’s Friends– their “founding friends” are:

Dennis Baker

Jeff Borchardt (Creator & owner of the non-profit)

Ruth Halleran

Susan Iwiki

Beth Clifton

Tony Solesky

Sharon Yildez

If you have reached the point where you feel a lawsuit is beneficial to stop the illegal activities towards you- I.E harassment, stalking & cyber stalking then here are some steps to take for initiating a lawsuit against a non- profits Board of Directors:

Step 1
Gather all evidence. For example, possible evidence such has logged calls, voicemails, emails & social media screen captures that shows dates & times of harassing, stalking & cyber- stalking. Make sure to include your requests to the harassing party to cease contact and their blantent refusals.

Step 2
Talk to people who witnessed the board’s actions or have firsthand knowledge. Confirm the witnesses have information that supports the case. Make a list of witnesses.

Step 3
Go to the official website of the state judiciary system to determine in what court you must file. You usually need to file in the civil trial court, but rules vary by jurisdiction.

Step 4
Go to the court in person. Bring copies of the evidence and the witness list. Ask for the forms needed to file a compliant — the paper that states your case and starts the lawsuit — a copy of the court rules and a fee schedule. Read the court rules to find out what you must do. Follow the rules and file the complaint and supporting papers to start the case.

– Speak to the state attorney general’s office if you’re not sure you can bring the case to court. For some violations, such as the mishandling of donated money, the state’s attorney general may have to start the lawsuit.

-Although the court clerk can’t give you legal advice, she can answer questions about the court rules, fees and filing requirements.

– Corporation laws are complex. Consult an attorney if you need help.

According to Non Profit Risk: “Outsiders — Third parties that have a relationship with the nonprofit may allege harm caused by the nonprofit and/or its directors, officers or employees. Outside sources can be vendors, funders, or another nonprofit.”

Shareholders in a for-profit corporation, directors of a nonprofit corporation, and other individuals who participate in the founding and/or operating of the nonprofit organization, enjoy limited liability for the debts and obligations of the organization, including for the unlawful acts of other directors, officers, and employees. However, directors, officers, and employees may be personally liable for their own wrongful conduct, regardless of whether they are paid for their work or are volunteers.

When dealing with “non- profits” that feel that they are above the law can be distressing but it’s not hopeless. You have the power along with the legal system to hold non profit groups along with their board members accountable for their actions- but I’m sure the non- profit group like Daxton’s Friends are aware of this, right? If not- I’m sure they will be soon.

Resources-
Non-Profit Risk

Digital Media Law Group

The liability exposures of a non profit board member

Non Profit organizations legal risks & protections

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