Nonprofit Law/Athletic Boosters

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Question
Hello,
I am on the board of the athletic boosters at my child's charter high school.  I have been a vocal opponent of the executive director of the school (similar to a school superintendent, but only oversees one high school).  I along with one other board member was told that unless we resign from the board, the school would pull all of our use permits for our monthly meetings,  would require us to remove all booster materials from the school premises, and would revoke access to our school email account, and would not allow us to be associated with the school any longer.    This was done privately, with the executive board, directly after a general meeting,  with no prior notice, and was delivered orally by one of the athletic directors, with support from the other athletic director and the school principal. Is this legal?

Answer
I have in my profile that this free forum is only for general questions about IRS federal exemption issues of 501(c)(3) organizations. Your matter is controlled by state law and states may differ somewhat with how they would treat such issues. Even though this forum is not for such state law issues, I can give you some leads.

You wrote about "the athletic boosters at my child's charter high school", but it appears that you are referring to a 501(c)(3) booster organization that is organized and is operating separate from the charter school.  The school may, absent a contract with the booster organization, agree or change any elements of the relationship it has with the booster organization.  

However, the athletic direct would be subject to damages if the demand to you and the other board member was made because of some unlawful reason, such as your race or religion.

Harvey Mechanic
Attorney at Law
Harvey108@hotmail.com

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather more information.

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Harvey Mechanic

Expertise

I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's possible unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at Harvey108@hotmail.com I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "site:allexperts.com/q/nonprofit" without the quotes and then add your search terms before hitting enter.

Experience

I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.

Education/Credentials

B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.


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