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Sworn to Secrecy


Guest Gary

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A Board member was not in attendance at Board meeting when the Board went into Executive Session. The absent Board learns of the ES (not the subject) when the meeting minutes are sent out and asked the Secretary what the ES subject was. Is the Secretary sworn to secrecy under RRON and may not reveal the subject to any one that was not at the ES? If the Secretary does reval the subject to the Board member is he in violation of RRON? If the Boiard member does learn of the ES subject outside of an ES how could RRON hold him to secrecy? Thank you.

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As a member of the Board he would have the same right to know what went on as any other Board member.

and he has the same obligation to maintain confidentiality as any other Board member. Just because he finds out after the fact what happened during the executive session portion of the meeting doesn't somehow give him permission to blab about it to nonmembers.
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As a member of the Board he would have the same right to know what went on as any other Board member.

Moreover, there should be minutes of the executive session, to which he has access.

In fact, the minutes may be his only recourse since, as I understand it, members who attended are under no obligation to inform absent members of what they missed (e.g. a synopsis of any discussions).

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Thanks for your responses. I interpret RON ES section pages page 95 -96 to confirm that people in the ES are sworn not to not "violate the secrecy of an Executive Session and "can be punished" if they speak of the ES to anyone not a the ES including an absent Board member, or anyone else. Please refere me to RRON setions that do not agree.

460 lines 13-15 state that any members (meaning Board and Club members) may request minutes of an ES. The need to speak freely in ES and not be repeated is critical and upheld. But members have the right to know what action was taken. Do you agree?

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Thanks for your responses. I interpret RON ES section pages page 95 -96 to confirm that people in the ES are sworn not to not "violate the secrecy of an Executive Session and "can be punished" if they speak of the ES to anyone not a the ES including an absent Board member, or anyone else. Please refere me to RRON setions that do not agree.

460 lines 13-15 state that any members (meaning Board and Club members) may request minutes of an ES. The need to speak freely in ES and not be repeated is critical and upheld. But members have the right to know what action was taken. Do you agree?

When RONR (your p. 460 citation) uses the words 'Any member has a right to examine these reports and record book(s)..., including the minutes of an executive session...' this definitely does NOT mean Board and Club members, as you are assuming. The word member means a member of the body that is meeting. In other words, since you are describing a Board meeting, the individual right to examine the minutes (including executive session minutes) belongs to members of the Board. This applies to all members of the Board, including any who were absent at the meeting in question. It would also include current members of the Board who were not even Board members at the time of the meeting. See the top of p. 3 for the basic definition of the word member.

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460 lines 13-15 state that any members (meaning Board and Club members) may request minutes of an ES. The need to speak freely in ES and not be repeated is critical and upheld. But members have the right to know what action was taken. Do you agree?

Actually, I believe ll. 13-15 refer to general membership. See ll. 17-19 for reference to Board/Committee records and their availability to only such body's members (with one "caveat" on p. 487 as referenced).

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A I rerad iot now society members can have any meeting minutes or records opon 2/3 vote during a meeting of the society or a majority vote if previous notice is given. But the true authority is State corporation laws PG 460 lines 24-26 which fortunately our state does make available and in my opinion that promotes responsible board representation of the society and democratic values more then the restrictions in RRON. Thanks for this discussion.

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