Guest Amy Posted September 21, 2012 at 01:56 PM Report Share Posted September 21, 2012 at 01:56 PM We have board members who ask questions pertaining to executive session items via email... Also, board members are communicating via email... conducting business... is this appropriate? Link to comment Share on other sites More sharing options...
David A Foulkes Posted September 21, 2012 at 02:12 PM Report Share Posted September 21, 2012 at 02:12 PM No rule in RONR prevents members from communicating via email. However, when you say "conducting business", do you actually mean they are proposing actions and taking votes, the substance of holding a meeting, that is? If so, this can only be authorized by the bylaws or higher governing rules (statute, for instance). So, what do you really mean by "conducting business"? Link to comment Share on other sites More sharing options...
Guest Amy Posted September 21, 2012 at 02:16 PM Report Share Posted September 21, 2012 at 02:16 PM Sorry, the email consists of following up on something that was discussed in executive session and/or responses such as one member requsting information regardign a FOIA request rather than waiting for that process. Link to comment Share on other sites More sharing options...
sMargaret Posted September 21, 2012 at 02:21 PM Report Share Posted September 21, 2012 at 02:21 PM Is your question "are board members allowed to communicate with each other outside of a meeting"'? Link to comment Share on other sites More sharing options...
Guest Amy Posted September 21, 2012 at 03:02 PM Report Share Posted September 21, 2012 at 03:02 PM Yes, via email regarding executive session items discussed Link to comment Share on other sites More sharing options...
jstackpo Posted September 21, 2012 at 03:08 PM Report Share Posted September 21, 2012 at 03:08 PM "Discussed", informally, but NOT voted on? Is that correct? Link to comment Share on other sites More sharing options...
sMargaret Posted September 21, 2012 at 03:20 PM Report Share Posted September 21, 2012 at 03:20 PM Are they sending emails to other board members, regarding topics that are only in executive session? Are these emails being sent to non-board members? Link to comment Share on other sites More sharing options...
rthib Posted September 21, 2012 at 04:11 PM Report Share Posted September 21, 2012 at 04:11 PM RONR, no issue. They can not vote by e-mail but nothing prevents.But since you mentioned FOIA I would check you local and state Sunshine laws and open meeting laws. Link to comment Share on other sites More sharing options...
Trina Posted September 22, 2012 at 11:46 AM Report Share Posted September 22, 2012 at 11:46 AM Yes, via email regarding executive session items discussedPersonally, I think e-mail is not a very secure way to communicate confidential information. There is an obligation to keep executive session information confidential (i.e. it is only to be shared/discussed with other members of the body that went into executive session). Whether that obligation can be met while shooting e-mails back and forth is something the people involved should carefully consider.However, RONR does not have specific words prohibiting particular forms of communication (such as e-mail) in this situation. Link to comment Share on other sites More sharing options...
Guest Gary Posted September 24, 2012 at 12:44 PM Report Share Posted September 24, 2012 at 12:44 PM The true auithority over non and for profit corporations is state corporation laws. In our State the a Board can do business outside of a meeting of a quorum but ALL Board members must participate So if 1 Board member doe not participate then the business cannot take place. Gary Link to comment Share on other sites More sharing options...
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