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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 1611
Experience:  Run my own successful business/contract law practice.
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The members of Corona Community Ambulance Corps, are seeking

Customer Question

The members of Corona Community Ambulance Corps, are seeking a pro-bono attorney to assist us in removing the current president and administration of the organization.
I can try and elaborate as to what is going.
The agency went through a scandal where the previous administration embezzled a lot of money, and the president at that time was desperate and went to the community board and asked for help, and local business man (Albert Perna) said I can help, but I have to be in charge, the president agreed to that, and brought him in, we are unaware as to what agreement was made, but he took over and slowly started just throwing people out, including the former president who was chief of operations at this time.
He illegally changed the bylaws, and took the membership away from the members, has not provided the members with any direction, no bylaws, no standard operating procedures. He got wind of us wanting to remove him and is now on a witch hunt and investigating members involved for petty things.
The board of directors are all of his friends and are not members, he has no administration, no vice president, no treasurer, just him, he makes all the decisions.
We had a meeting last night and presented the board of directors with the complaint package and the lawyers, we aren’t sure if it’s the presidents lawyers or the corps lawyers, but they took the package and said the board will be investigating the complaint, but what we don’t understand is that the board is being brought up on charges also, so how can they investigate it?
We were blocked by the lawyers and they kept mentioning the whistleblower policy, which was never explained at the meeting but then they sent us a copy of the policy,and it still isnt clear.
I can elaborate more on the phone or in person, but I will attach all the documents that we have, including a charge package that we put together with all the violations
Submitted: 1 year ago.
Category: Business Law
Customer: replied 1 year ago.
I have added the notice and charges that was presented to the board and the letter that was read at the meeting, also, a letter that was received by the president to a member and our response letter and then their response to that letter.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question.
I am afraid that state law forbids any expert on this site from actually representing you or any other customer on the site. We can only answer questions customers may have about their situation to provide them information. If you need local counsel, please use the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com. You can also call the NY Bar and ask for the pro bono attorneys in your area who can assist.
Customer: replied 1 year ago.
I know that, but we are also looking for some legal advice, if anyone read what we posted and advise us what we can do in the meantime.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your clarification.
What is not clear about the whistleblower policy? They are telling you that you and anyone else who makes a complaint is protected from harassment and termination based on being a whistleblower and if they harass you or terminate you based on the complaints, you have grounds to sue them for damages.
However, once you filed your complaints, which you seem to have done, I am not sure I understand what more information you would like, as there is not much more to do as the ball is in the board's court (although I know the complaints are against them and it is possibly a conflict) and the only other place you can file your complaints would be the NY Attorney General's office for any unlawful conduct they are engaged in.
Customer: replied 1 year ago.
What isn't clear about the policy is the second and third paragraphs:The objectives of this Whistleblower Policy are to encourage and enable Protected Persons,
without fear of retaliation, to raise concerns regarding suspected unethical and/or illegal conduct
or practices on a confidential and, if desired, anonymous basis so that the Corporation can address
and correct inappropriate conduct and actionsThis policy is not intended as a vehicle for reporting violations of the Corporation 's applicable
human resources policies, problems with co-workers or managers, or for reporting issues related to
alleged employment discrimination or sexual or any other form of unlawful harassment, all of which
should be dealt with in accordance with the Corporation 's Personnel Policies and Procedures, as it
is those Policies and Procedures that are applicable to such matters."It says if desired, anonymous basis" but they are asking for the names of the people who are supporting the complaint.
It also says it is not intended as a vehicle for reporting violations of the human resources policies which we don't have, problems with co-workers, or managers, or for reporting issues related to alleged employment discrimination or secual or any other form of unlawful harassment, all of which should be dealt with in accordance with the Corporations personnel policies and procedures, as it is those policies and procedures that are applicable to such matters.So, how does this policy protect us at all? Did you even read the policy that is attached, or anything that we attached?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I read every single document and your specific questions were not clear, which is why I asked you for more. Given your last response, I do not believe I wish to continue working with you and I will open this up to other experts who may wish to do so. Please do not respond to me as it will only delay other experts who may be interested in working with you from doing so.
Good luck.