A former Bethune-Cookman University board of trustees’ member is fighting for his spot back after he says he was wrongfully dismissed.

  • Arthur Brinson was removed after 6 years
  • University's attorney says Brinson’s time was up
  • Judge pushed case forward

"My client took very seriously his fiduciary responsibilities for looking out for the interest of Bethune-Cookman university, and that meant asking hard questions," said Arthur Brinson's attorney Willie Walker. "We think that as a result he was removed from the board."

On Wednesday a judge denied the university's move to dismiss the case.

"They took my client off the board after six years. the maximum amount of time that an individual is allowed to serve on the board is nine years consecutively," said Walker.

Brinson claims his potential "whistleblower" actions led to his firing during a time the university has documented financial trouble.

"Mr. Brinson, who was raising questions about the financial transactions and actions of the board, and they unceremoniously removed him from the board,” said Walker.

But B-CU's attorney argues it’s simply because Brinson's time was up.

"There's absolutely no authority whatsoever that supports any argument that he's entitled to a third term," said attorney Brian Rubenstein.

The attorney said the bylaws state trustees may serve a maximum of three consecutive three-year terms.

If one is later elected to the regular board of trustees then their time counts separately as long as it doesn't exceed nine years.

But Brinson said he was newly-nominated and elected, plus served as the alumni president, and was still eligible to serve through 2019 before being dismissed last October.

"No one was intending to deceive anyone, I want to be clear about this. This was on full display to the entire board, and it was clear his second term expired in 2016," said Rubenstein.

"We want the court to issue an injunction. We want the court to declare the bylaws as we've construed them, and we want Mr. Brinson back on the board doing his service to Bethune-Cookman University," said Walker.

Walker said in court that he was offered his spot back on the board.

The problem -- he claims an email from another member told other board members to keep Brinson out of the loop on financial information.

"There was an email that was sent to the chairman of the board and to other individuals, essentially suggesting that my client be put back on the board, but not allowed to participate, and not allowed to know board business. That was part of being on the board," said Walker.

The judge decided to push the case forward. Walker said the next steps are to take depositions from other people who were involved in the case, then have a trial.