Hello Members of the LNC,
I am providing notice to introduce the following motion at the LNC Special Meeting on Sept 7 2025.
Whereas, on August 10, 2025, a motion was considered to amend the policy manual to include, among other changes, the language that “Communication with LNC Counsel: Only the LNC Chair and ExD shall have free and direct contact with LNC Counsel. LNC members wishing
to make an inquiry of counsel shall seek permission from the LNC Chair. The LNC Chair shall serve as the intermediary between the inquiring LNC member and LNC counsel at their discretion”;
Whereas, the above reference Policy Manual amendment was not adopted;
Whereas, LNC Policy Manual §1.06.2 states that “The LNC shall be kept advised of the progress and goals of the suit. Any settlement or dismissal of the entire lawsuit recommended by the Executive Committee must be approved by the LNC.”
Whereas, Mr. Nekhaila has attempted to overstep his authority as Chair to interfere with inquiries to counsel by members investigating possible negligence and/or misconduct by Mr. Nekhaila;
Whereas, Mr. Nekhaila disclosed information containing sensitive legal strategy to an individual not authorized to receive it, and at odds with the LNC’s interests;
Whereas, Mr. Nekhaila has violated the fiduciary duty section of the policy manual, withheld legal updates from LNC members, and acted contrary to the best interests of the LNC;
Whereas, Mr. Nekhaila has denied LNC members access to General Counsel, placing the LNC potentially at risk of additional legal action;
Whereas, Mr. Nekhaila has acted outside of his authority in a manner that is unbecoming of a professional organization;
Whereas, in performing the above-mentioned acts, Mr. Nekhaila has violated his duty of care and created an irreconcilable conflict of interest;
POLICY MANUAL 1.07 FIDUCIARY DUTY VIOLATIONS
Whereas, Policy Manual Section C Subsection I Duty of Obedience states, “LNC members have a duty to act in a manner that carries out the LNC’s mission and purpose”;
Whereas, Policy Manual Section C Subsection II Duty of Care states, “LNC members have a duty to act in a manner that carries out the LNC’s mission and purpose”;
Whereas, Policy Manual section C Subsection IV Duty of Good Faith states that LNC members must act “with honesty”;
Be it resolved that Mr. Nekhaila is censured for the above actions.