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Secretary records


Guest Michelle

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Sorry this is so long. I am the secretary of a non-profit organization. I have a member of the board request to go over the secretary records this includes executive sessions, charges filed by others. Some of these files concerning the executive sessions are 4 years old and the member that is requesting them was not on the board at the time. How does the organization maintain confidentiality of these items. Also do charges filed against someone sent to the board fall under the same rules. would the charges now because a new person is on the board be able to go back and open charges that may have been filed years ago. This person is also requesting that they take the files with them or make copies. From what I have read they can examine / review the records. I am a little concerned with releasing executive session and charges of more than a couple years because the board has dealt with those items and believe we are still required to have some kind of confidentiality where they are concerned.

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Yes. Failure to maintain confidentiality of information from executive session would be cause for disciplinary action.  

 

But very often, executive sessions are called to ensure that what is said in debate is not released.  Since debate does not appear in minutes (or should not, at least) there is often not much left of a truly confidential nature.

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Well it appears he thinks he is able. He also stated it could be days that he would have the record to cross reference and so on. Is there a place in RR that covers coping of the records he thinks he is entitled to. Are the old minutes and records supposed to be used for personal reasons or for the board as a whole to have access to items for the society.

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One way to resolve this is for your nosy friend is to move, at a regular meeting of the Board - new business - that he be granted the access to the minutes that he wishes.  Be sure his motion is clear that he wants to make off with them and why (sort of like a search warrant or a subpoena) for a period of time.

 

I suspect his request would require a 2/3 vote to adopt since it is a suspension of the "you can read them but that is all" rule.

 

Or he could run for (and get elected) secretary.

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The board member is stating since it does not say he can not take the records that means he can. I have asked for proof his only response is the sentence above

No, that's nonsense. 

 

When a rule says you can do some things, and lists those things, it is assumed that you cannot do things not on the list, or else they would be on the list!. 

 

RONR is not silent about this matter.  It says he has the right to look at the minutes.  If he thinks he has rights beyond those listed, the burden of proof is on him.  Also, the rules in RONR are quite clear that what goes on in executive session must be held in confidence.  It's not silent--it's unambiguously vocal.

 

If he doesn't like any of this, tell him to call a cop.  You've asked for proof, he has none--case closed.

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