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Guest Gloria

Audio recording of BOD meetings by a member

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Guest Gloria

It has been a very challenging couple of years for our current BOD, resulting in most of the volunteers resigning from their positions and the resignation of three secretaries.  As a result, the minutes of the BOD meetings do not reflect the actual activities and motions made e.g., a member submitted two agenda items in letter form well before the deadline for submission.  The agenda items did not appear on the agenda.  The member was not notified of the omission in advance.  The president asked for a motion be made by the BOD to approve the agenda and a second.  The member then interjected "a point of discussion" regarding the missing items.  The member was told that agenda items were not submitted, but rather, a letter was submitted (which was not acknowledged in correspondence).   Consequently, the member stated that the agenda items were withdrawn due to the hostile remarks made by the board.    First, if a member submits an agenda item properly (it just so happened that they were included in a letter format), does the board have the right not to include it on the agenda?

My second question is......do members have the right to make an audio recording of Board meetings for their own use as long as they do not interfere with the proceedings?    It is my understanding that Florida statutes provide for this.  I record on my iPad while sitting in my seat so I can listen to the proceedings at my convenience.  It is easier than writing everything.

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I'm not sure I see the relevance of your example and background, since nothing in your example is about minutes.  Be that as it may, I will assume that by "member" you mean board member.  A body has the right to adopt its own agenda.  When the agenda is pending, it may be amended (by a majority vote), and after adoption, it may be amended by a 2/3 vote.  So, yes, as a body it can do what it wants as far as what to include, and the member is free to make relevant motions as well.  The member cannot force an unwilling assembly to consider an agenda item simply by submitting it by some date.  This is all, of course, unless your organization or relevant statutes provide other rules.

As to the second question, if an applicable procedural law says you can, then you can.  The law will, of course, have to be interpreted in the specific context, which is a task for a lawyer, not us.

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