On August 18th, the District of Columbia Court of Appeals reversed a lower court’s dismissal of the civil case filed by eight members of Alpha Kappa Alpha Sorority, Inc. against their sorority. With the Court of Appeals ruling that the case was improperly rejected by Judge Natalia Combs-Greene, the eight sorors can resume the pursuit of their claims against the organization. The case was sent back to the lower court for a full trial. Among the claims alleged by the appellants-plaintiffs were breach of fiduciary duty, breach of contract, fraud, unjust enrichment, corporate waste, and ultra vires. The claims derive from allegations that the Supreme Basileus, Barbara McKinzie, along with the administrative division of the Boule, gave salaries and pensionable monies to the Basileus for holding a position that is traditionally unpaid. AKA's by-laws and constitution forbid salaries for their SB. The Court of Appeals found that because the alleged improprieties of AKA took place within the District of Columbia, the lower court had jurisdiction to hear the case. Additionally, the Court found that the eight members’ suspension from AKA and subsequent loss of representation at the 2008 bi-annual convention gave them standing, a right to pursue their claims against the organization. The Court of Appeals further held that the claims of breach of fiduciary duty and ultra vires were properly brought by the 8 members of the sorority. Appellants argued that the matter was not put forth for a vote at the bi-annual meeting Boule before the membership and that the SB prevented discussions and voting on the issue and in other ways the Supreme Basileus and others violated their fiduciary duty to the organization. The Court of Appeals agreed. The Court of Appeals also agreed that there is a claim for ultra vires. Ultra viries is when a corporation or organization does not abide by its own rules and regulations, in this instance AKA Inc.’s by-laws. The Court of Appeals has directed the lower court to hear the case. Pulse Greek Network will keep you posted. Click to view the case en total.
RESOURCES
- Lupus Foundation of America – www.lupus.org The Lupus Foundation of America, Inc. (LFA) is the foremost national nonprofit voluntary health organization dedicated to finding the causes of and cure for lupus and providing support, services and hope to all people affected by lupus.
- http://my.barackobama.com/
- W.K. Kellogg Foundation – www.wkkf.org The W.K. Kellogg Foundation supports children, families, and communities as they strengthen and create conditions that propel vulnerable children to achieve success as individuals and as contributors to the larger community and society
- Community Voices – www.communityvoices.org Community Voices: Health Care for the Underserved is a group of community-based demonstration projects dedicated to finding real-life ways to provide greater access to quality health care to the underserved and uninsured people in America.
- Children’s Defense Fund – http://www.childrensdefense.org/ The mission of the Children's Defense Fund is to Leave No Child Behind and to ensure every child a healthy start, a Head Start, a fair start, a safe start and a moral start in life and successful passage to adulthood with the help of caring families and communities.
- National Criminal Justice Reference Service – http://www.ncjrs.gov/
- National Urban League – http://www.nul.org/ The National Urban League is a historic civil rights organization dedicated to economic empowerment in order to elevate the standard of living in historically underserved urban communities.
- National Association for the advancement of Colored People – www.naacp.org The National Association for the Advancement of Colored People (NAACP), a civil rights organization for ethnic minorities in the United States.
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