Legal Question in Business Law in Massachusetts

Non Profits

I am a Board member of a Massachusetts non-profit 501(c)3 organization. Recently, we've heard that a similar non-profit has refused to allow its volunteers to also volunteer with our organization - they claim the volunteers can only pledge alliance to one organization. Is this legal? Either way, is there anything we can do about it?


Asked on 1/03/08, 9:06 pm

2 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

Re: Non Profits

I'm not sure whether there is any legal barrier to such a restriction. So-called "service clubs" (e.g. Rotary, Kiwaniis) sometimes have such prohibitions in their bylaws (that you can only be in one "service club" at a time).

Provided it is not based upon a reason contrary to public policy, they can probably have such a policy.

Whether they can enforce it, is a different matter. Not all nonprofits are in a position to dictate to volunteers what they can or cannot do, as long as it does not violate applicable laws and regulations governing nonprofits (e.g., no self-dealing, lobbying restrictions, etc.)

Good luck!

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Answered on 1/03/08, 10:27 pm

Re: Non Profits

I am not aware of any legal prohibition restricting membership in a club because of a membership in another orgainization. However, a Non-Profit under its by-laws can prohibit someone from being a member of a similar crganization.

However, how enforceable that by-law or rule is will be dependent upon the basis upon which it is applied.

Service clubs like Masons or Kiwanis may have some such restrictions. How enforceable it is, is something else.

There is nothing actionable by their having such an internal rule unless you can demonstrate it is based on some prohibited action such as age descrimination; race or other prohibited basis for such a club.

Please feel free to contact me if you have more questions.

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Answered on 1/04/08, 10:35 am


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