Director of Non-Profit Improperly Removed

Director of a non-profit challenged his removal by the remaining board members because his removal was not voted upon at a special meeting called for the specific purpose of removal, as required by the non-profit’s governing rules. The Board claimed that because the removal was voted upon at a regular meeting, and because regular meetings addressed all issues relevant to the non-profit, the Director had sufficient notice and a special meeting was unnecessary. The court held that the failure to provide the Director an opportunity to defend himself in advance of the meeting, a right afforded a board member under the law, defeated the Board’s argument and the Director’s removal was invalid.