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Voting on a closed-session topic


Guest David

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Assume that the closed session of a 501©3 board meeting was announced, gone into, and conducted according to the organization's bylaws and North Carolina General Statutes. It's time to vote. It's my understanding that the actual motion and vote must be conducted in open session, where the motion and vote will be part of the minutes available to members in good standing who request them in writing (which is what the organization's bylaws say). Is this right?

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Assume that the closed session of a 501©3 board meeting was announced, gone into, and conducted according to the organization's bylaws and North Carolina General Statutes. It's time to vote. It's my understanding that the actual motion and vote must be conducted in open session, where the motion and vote will be part of the minutes available to members in good standing who request them in writing (which is what the organization's bylaws say). Is this right?

Nothing in RONR would require the vote be taken in open session.

For NC statutory requirements, contact an attorney licensed to practice in NC.

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It's my understanding that the actual motion and vote must be conducted in open session, where the motion and vote will be part of the minutes available to members in good standing who request them in writing (which is what the organization's bylaws say). Is this right?

Your understanding is wrong, as far as parliamentary law is concerned.

Whether or not the session is open to nonmembers, the proceedings should be recorded in the minutes in accordance with Section 48 of RONR (10th ed.), in which case each main motion and its disposition are entered into the minutes. Minutes of a closed session are equally as available to members of the body to which they belong, and they should contain the same information as they would if they were taken in open session. Also, a nonmember of the body that is meeting has no right to the minutes, even if it was held in open session.

Procedural laws of your state may provide otherwise.

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