Fort Morgan, Ala. – (OBA) – Joseph Guy McAleer is suing the Fort Morgan Civic Association saying the group has denied his membership and refuses to let him see the books and records.

“According to the Bylaws of the Fort Morgan Civic Association, the only written qualification for membership is that the member must own property within District 25 and approval by the Executive Board,” the lawsuit states. The suit was filed on Sept. 7 in Baldwin County Circuit Court by McAleer’s lawyer, Clifford C. Brady.

McAleer claims he meets the property ownership qualification and had paid his dues and that should entitle him to membership and to have copies of the group’s books and records.

“Mr. McAleer was advised by George Mitchell, the President of FMCA, that he could attend a meeting and request to see the information at that time but would not be allowed to copy of the books and records,” the lawsuit states. “Despite meeting all of the requirements for membership, the FMCA has functionally denied him membership privileges.”

He is asking for two court orders to confirm his membership and to allow him to copy the materials he wants.

“On June 29, 2022, McAleer submitted an application for membership to the FMCA,” the filing states. “Along with the application, McAleer paid the required membership dues as set forth in the Bylaws. The membership dues were accepted by the FMCA and McAleer began to receive monthly newsletters. On July 7, 2022, McAleer requested that he have the opportunity to review and copy the books and records of FMCA. Under Alabama law and the Bylaws, members in good standing have the right to inspect the books and records of the organization.”

According to the bylaws, which were amended on June 7, the board can revoke membership at their discretion.

“Regular members may renew their membership yearly without prior approval by the timely payment of membership dues,” the bylaws state. “However, the executive board may disqualify a renewing member from regular membership if the executive board should determine that the member no longer meets the requirements for regular membership.”

McAleer asked for the records four times – July 7, July 11, Aug. 2 and Aug. 15 – and each time was denied. Then on Aug. 16 he was told his membership had not been approved.

“The FMCA by and through its attorney, Judy Newcomb, advised McAleer that his membership application was ‘pending’ and could not be processed because the Board had not completed the membership requirements,” the lawsuit states. “Again, McAleer by and through his attorney, again requested that the FMCA confirm his membership status. To date, the FMCA has not responded to the last request.”