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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 17887
Experience:  B.A.; M.B.A.; J.D.
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I was elected President of a small 501c3b corporation. Last

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I was elected President of a small 501c3b corporation. Last year, an individual joined who had a history of conflict with other area organizations. He was nevertheless welcomed, and given full access to our facilities. In April, he went to a dinner sponsored by another group and sat with people he disliked. Reportedly he said something that appeared to be threat to a lady and after the dinner he got into a verbal altercation in the parking lot with her husband who threatened consequences if his wife came to harm. Our member had the husband arrested and filed for an order of protection. As I was thought to have some influence with our member, who may be delusional (seriously, not a figure of speech), I was informed by two of our members of his action. It was also suggested that he represented a threat to our society and that it would be better if we could find a way to remove him from membership. I declined to do that, because of the ongoing legal action, and he continued to attend every function. I did write him a letter, suggesting that he consider making peace, which he refused to consider. He then demanded that all of his enemies be removed from our society immediately. This was declined. He claimed to have a court order barring all persons from speaking about the event, but he emailed his friends crowing about how clever he had been. He was told to pursue the claim about violation of the alleged gag order in court, which he failed to do. He is now making the following claims: that he was denied enjoyment of the privileges of our
society, also that he is entitled to happiness and the President is required to provide for his happiness by removing his
enemies; he has a "state law" to prove that is the case. He has refused to specify which rights and privileges he has been
denied, who denied them, or when. He has refused to show us copies of the alleged gag order. He has spent the entire summer, during which we do not meet, demanding that the current president investigate my conduct. She has asked questions, but can find no evidence anything was denied him. His demands have escalated. We know that he possesses weapons. He sent me a picture of a dead small animal, elaborately posed. He has taken to representing my views to others and he has been requested to stop. His emails are generally incoherent, include demands and imply but do not state specific threats, and he appears relatively normal and polite in person. I intend to take his case to the governing board of our society, but our bylaws do not mention conditions for removal from membership. It is renewal time now. The question is, do I have any rights at this time, given that his threats are vague or do I have to wait until he attempts to have me arrested, or assaults me? I am female and live alone in NY State. He lost his case in court, but as he is unemployed he was not expected to assume court costs, and thus has experienced no downside to his escapades, other than unpopularity.
Submitted: 5 years ago.
Category: Business Law
Expert:  Phillips Esq. replied 5 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

The question is, do I have any rights at this time, given that his threats are vague or do I have to wait until he attempts to have me arrested, or assaults me? I am female and live alone in NY State. He lost his case in court, but as he is unemployed he was not expected to assume court costs, and thus has experienced no downside to his escapades, other than unpopularity.

Response: No, you should not wait until something goes awfully wrong. You need to be proactive. File police report. File for Restraining Order--mention and attach the picture of the dead animal that he sent you. That is a threat to your physical safety. Get him arrested before he does it to you just like he did with the husband of the lady that he threatened. Your Board should file a way to remove him. However, that is a double-edged sword. He may cause trouble for your organization either way--whether he stays or if he is removed. He may be more agitated if removed if he thinks that he is being treated unfairly. So, care should be taken in seeking his removal because it appears from your narrative that he is quite unstable.

Best wishes,
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