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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118789
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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We have a church that is non-profit and it's an

Customer Question

we have a church that is non-profit and it's an incorporation. The Founder passed away about 7 years ago. Another pastor took on--but has been very controlling and rude, etc. The church-last living co-founder of the church assigned a board of directors about 3 years ago. The board recently decided to resign the pastor from the position. The board served notice for the pastor's removal and changed the locks on the church. Needless to say, the pastor refuses to leave and had someone change the locks that the board had agreed upon. The board filed an restraining order against the pastor but the court date will be within a couple of weeks. Since then, this pastor continues on in the church as if nothing has happened. He continues to try and recruit people that will agree with him, he has even ta
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if he refuses to go, the only thing you can do is pursue the court action you are pursuing. You say you received a restraining order, did the order state it was effective immediately pending the hearing? If so, did you call the police for him violating the restraining order?
Customer: replied 1 year ago.
We (board) thought is was, but, no, it wasn't effective immediately-because my understanding is, in the District of Columbia--the court date has to take place before the judge before the restraining order is valid--although the police did deliver the order at the church.Do the board has the right and/or authority to remove this guy?
Customer: replied 1 year ago.
It is true" as the pastor says" that the founding pastor (who's deceased) or his wife (co-founder-of incorporation-) has no rights to the church's decision, etc.--because the church is an incorporation and owned by the members-not the founder or cofounder?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, the board has the right to remove him. The board acts as the governing body of the church and the pastor is sorely misguided. The church is a corporation and governed by the board of trustees/directors. So you need to refer to the church bylaws and constitution to determine if you followed the proper process to remove him.