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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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I am a member of a marching band, The Island Band Inc. Our

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I am a member of a marching band, The Island Band Inc. Our members get reimbursed based on their parade attendance. I have been driving the vehicle in the parades since the inception of the band 12 years ago. In 2007, it was voted on by the executive board that I get reimbursed as a full member of the band. I have been being reimbursed for the last three years. I have not given up the position, but the new regime has decided that the driver will now be a voluntary position. It was not voted on by the executive board or the general session. We have precedence in the band where when rules have been changed in the past, members that were already being reimbursed have been grandfathered in. Do I have any legal ramifications I can take in this matter?
Submitted: 6 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

When the executive board voted to reimburse you, was it as "you" as a person, or anyone who is slated to drive the vehicle to the parades would be reimbursed as a full member?
Customer: replied 6 years ago.
I'm not sure exactly, but I believe it was the driver not me as a person. How would things differ if it was me as a person?
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for the follow-up.

The reason I ask is if the position is not officially yours, then the board is free to lawfully and properly replace you with someone else (although your facts do not show that you were properly removed).

Your best bet is to state that by removing your compensation without cause or a hearing violates your constitutional rights of being deprived of property without a hearing. consequently you are demanding a formal hearing where you can discuss the situation with the board and have them formally either provide you with the funds they did it before, or officially remove the funding from you and your position.

Hope that helps.

Edited by Dimitry Alexander Kaplun on 2/1/2010 at 7:38 PM EST
Customer: replied 6 years ago.
What if they voted to reimburse me as the driver?
Expert:  Dimitry K., Esq. replied 6 years ago.
Then you win, since that is what you wanted them to accomplish.

Good luck!

Edited by Dimitry Alexander Kaplun on 2/1/2010 at 7:50 PM EST
Customer: replied 6 years ago.

What I mean is what if they initially voted to remiburse me as a person previously as the driver? What is the proper procedure to remove me? We do have by-laws that indicate a member can not be removed without cause. They do not have cause to remove me.

 

I need to know how I can best get at them as they are doing this to be vindictive toward me. If it means totally destroying the corporation, I am good with that.

Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for the follow-up.

Without reading your bylaws I cannot answer your question, as bylaws of each entity and organization are different--they all have different steps and procedures of removal. Your best bet is to review the bylaws and request a hearing under the bylaws, and then explain your situation in open hearing/forum to all other members.

Good luck.

Edited by Dimitry Alexander Kaplun on 2/1/2010 at 8:16 PM EST

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