Electronic Correspondence and Non-Tech Members

[JayW]

Our Board recently decided, as a cost-saving measure, to send all correspondence electronically and post it on the members-only section of the club website. Members can choose to have items sent via postal mail for a fee.

 

I know RONR says that

 

When notice is required to be sent, unless a different standard is specified that requirement is met if written notice is sent to each member either:
    "a)    by postal mail to the member's last known address; or
    "b)    by a form of electronic communication, such as e-mail or fax, by which the member has agreed to receive notice."

 

RONR, 11th ed., page 89

 

 

How does that fee work if a member does not have email or Internet access, or for other reasons does not agree to receive notice electronically. (This correspondence would include not only the newsletter but ballots (we do mostly mail voting), nomination forms, renewal forms, the club directory, etc.) It doesn't seem right to me to charge members who *cannot* access the information electronically, though I am not opposed to charging members who can access it electronically but  choose not to. (I prefer to have a printed newsletter, for example, to carry around and read when I have a few random minutes; however it's less expensive for me to pay for the printed newsletter annually than to use my own ink to print it.) Does RONR have anything to say on the topic? (My feeling is that even if it's within the scope of the rule, it violates the spirit of it.)

[George Mervosh]

You might not be able to impose the fee at all.  "Members cannot be assessed any additional payment aside from their dues unless it is provided for in the bylaws."  RONR (11th ed.), p. 572

[Gary Novosielski]

Where did your board get the authority to do that?  Unless it's in your bylaws, the decision is null and void.

[JayW]

You might not be able to impose the fee at all.  "Members cannot be assessed any additional payment aside from their dues unless it is provided for in the bylaws."  RONR (11th ed.), p. 572

 

I'd forgotten about that. If the member opted for print over digital, would that make a difference? (In another of my clubs, we have an annual awards banquet, and members pay a set amount for their meal. That's not assessing an additional payment, right, because they can opt to no go to the banquet?)

 

Where did your board get the authority to do that?  Unless it's in your bylaws, the decision is null and void.

 

 

 

Our bylaws state that "The government and management of the Club shall be vested in the Board of Directors."

[Richard Brown]

Our bylaws state that "The government and management of the Club shall be vested in the Board of Directors."

And RONR says on page 572 re fees and special assessments:  "Members cannot be assessed any additional payment aside from their dues unless it is provided for in the bylaws."

 

The bylaws can be amended to give the society or its Board the authority to impose additional fees and assessments.

 

A member may have a legitimate complaint if he is forced to pay a fee... such as for a meal... to attend a club meeting that he has an absolute right to attend as a member.

 

A social event might be different as long as it's not an official meeting of the organization.

[Timothy]

The key word is "assess." To assess a fee is to require the payment of. If a member has the option of not buying the good or service without impacting his membership, then a fee hasn't be "assessed."

[Richard Brown]

The key word is "assess." To assess a fee is to require the payment of. If a member has the option of not buying the good or service without impacting his membership, then a fee hasn't be "assessed."

It it your opinion, then, that a club that has regular noon luncheon meetings at which members are required to purchase a lunch at a cost of $25 is permissible without a bylaw provision authorizing the imposition of fees in addition to the dues?  Wouldn't that pretty much destroy the member's' right to attend meetings?   Hasn't his membership been impacted if he must pay to attend the meetings?

 

I'm not speaking of situations where the purchase of the lunch is optional.  I'm referring to those cases where the purchase of the lunch, or  at least paying for it, is mandatory in order to attend the meeting.

 

Edited to add:  I agree that if the lunch is optional, it is not a problem.

[Timothy]

It it your opinion, then, that a club that has regular noon luncheon meetings at which members are required to purchase a lunch at a cost of $25 is permissible without a bylaw provision authorizing the imposition of fees in addition to the dues?  Wouldn't that pretty much destroy the member's' right to attend meetings?   Hasn't his membership been impacted if he must pay to attend the meetings?

 

I'm not speaking of situations where the purchase of the lunch is optional.  I'm referring to those cases where the purchase of the lunch, or  at least paying for it, is mandatory in order to attend the meeting.

 

Edited to add:  I agree that if the lunch is optional, it is not a problem.

 

If the members "are required to purchase" the meal, then a fee has been assessed. But if they are not required to purchase the meal, then there is a fee, but it hasn't been assessed.

[JayW]

A member may have a legitimate complaint if he is forced to pay a fee... such as for a meal... to attend a club meeting that he has an absolute right to attend as a member.

 

Interesting, we'd really never thought about that. Of course I'm sure that if it ever came up, the member could attend the banquet and just forego the dinner; the meeting never starts until after the dinner is overwith anyway.

 

If a member has the option of not buying the good or service without impacting his membership, then a fee hasn't be "assessed."

 

I would say, then, that a member who cannot access electronic communication does not have the option of not paying for ballots and renewal forms without impacting his membership. I would say the same for nomination forms, and I think the newsletter. That's where the minutes of the membership and Board meetings, as well as committee reports, are published other than online. (The newsletter also contains articles that are not membership-related.)

 

So to nutshell it, a member who has no email/Internet must be sent correspondence by postal mail at no charge. A member who has email/Internet but chooses to receive correspondence by postal mail can be charged (not assessed) a fee.

 

Does that sum it up?

[Gary Novosielski]

Our bylaws state that "The government and management of the Club shall be vested in the Board of Directors."

 

Not good enough.  There has to be a specific provision for assessments beyond dues, or the Board can't do it under their general powers.

 

If the Club can't afford to send out postal mail to those who need (or request) it, then it needs to raise the dues.

[Edgar Guest]

So to nutshell it, a member who has no email/Internet must be sent correspondence by postal mail at no charge. A member who has email/Internet but chooses to receive correspondence by postal mail can be charged (not assessed) a fee.

 

Does that sum it up?

 

I think it's entirely up to each organization. I see no problem with posting the newsletter online and charging for mailed hard copies (whether the member requesting the hard copy has internet access or not).

 

Required notices might be a different kettle of fish. In which case I'd favor "opt in" rather than an "opt out" for e-mail notification.

[Richard Brown]

Interesting, we'd really never thought about that. Of course I'm sure that if it ever came up, the member could attend the banquet and just forego the dinner; the meeting never starts until after the dinner is overwith anyway.

 

 

I would say, then, that a member who cannot access electronic communication does not have the option of not paying for ballots and renewal forms without impacting his membership. I would say the same for nomination forms, and I think the newsletter. That's where the minutes of the membership and Board meetings, as well as committee reports, are published other than online. (The newsletter also contains articles that are not membership-related.)

 

So to nutshell it, a member who has no email/Internet must be sent correspondence by postal mail at no charge. A member who has email/Internet but chooses to receive correspondence by postal mail can be charged (not assessed) a fee.

 

Does that sum it up?

Sounds pretty good to me, but I also agree with Edgar Guest's observations in the post above this one.

[Richard Brown]

An additional comment or two on the issue of having to pay for a lunch (or dinner) at a business meeting of an organization:

 

Over the years I have belonged to many organizations that hold regular noon luncheon or evening dinner meetings at which it is at least hoped that members will purchase a meal.    These organizations routinely hold their meetings in a hotel meeting room or in a private dining room at a restaurant at no cost to the organization.  However, the hotel or restaurant naturally wants to sell meals and usually expects the participants to purchase one.  They often squeeze the sponsoring organization pretty hard to practically insist that all attendees purchase a meal, whether they eat it or not.  Sometimes the host facility will conduct its own head count and charge the organization for every person in attendance.

 

If the meeting is in a hotel, the attendees usually pay the organization which then writes a check to the hotel for all of the meals.  When the meeting is in a restaurant, it is sometimes done the same way and sometimes the restaurant allows each attendee to pay for his own meal.

 

The organization is caught in a squeeze.  It wants as many members and guests as possible to show up for meetings and it doesn't want to have to pay a fee to use meeting rooms.    Different organizations handle it differently, but it has been my experience that they all at least strongly encourage all members and guests to purchase the meal and some downright insist on it as a condition of attending the meeting.    That's when it gets "sticky". 

 

I have found that most organizations will yield at least somewhat if really pressed on the issue by one or more members.  I've seen it be a problem to one degree or another many times in many organizations over the years.   Usually the members just grumble and pay it.

[Dan Honemann]

An additional comment or two on the issue of having to pay for a lunch (or dinner) at a business meeting of an organization:

 

Over the years I have belonged to many organizations that hold regular noon luncheon or evening dinner meetings at which it is at least hoped that members will purchase a meal.    These organizations routinely hold their meetings in a hotel meeting room or in a private dining room at a restaurant at no cost to the organization.  However, the hotel or restaurant naturally wants to sell meals and usually expects the participants to purchase one.  They often squeeze the sponsoring organization pretty hard to practically insist that all attendees purchase a meal, whether they eat it or not.  Sometimes the host facility will conduct its own head count and charge the organization for every person in attendance.

 

If the meeting is in a hotel, the attendees usually pay the organization which then writes a check to the hotel for all of the meals.  When the meeting is in a restaurant, it is sometimes done the same way and sometimes the restaurant allows each attendee to pay for his own meal.

 

The organization is caught in a squeeze.  It wants as many members and guests as possible to show up for meetings and it doesn't want to have to pay a fee to use meeting rooms.    Different organizations handle it differently, but it has been my experience that they all at least strongly encourage all members and guests to purchase the meal and some downright insist on it as a condition of attending the meeting.    That's when it gets "sticky". 

 

I have found that most organizations will yield at least somewhat if really pressed on the issue by one or more members.  I've seen it be a problem to one degree or another many times in many organizations over the years.   Usually the members just grumble and pay it.

 

Does any of this shed any light on what the rules in RONR say?

[DrEntropy]

 I think  RONR 11 page 89 is pretty clear on this. Required notices must be sent to the members by mail unless the member agrees to receive it electronically. No fee can be imposed for this without a bylaw level rule covering the case. As for newsletters and such which are not 'required' I think the organization can decide for itself how those should be funded.

[JayW]

Thanks, as always, for the help! I have brought this to the attention of the Board, we'll see if they do anything about it or if it will take a member action to get it cleared up. (I'm guessing this would be considered a continuing breach, so a Point of Order would be proper?)

[Josh Martin]

Thanks, as always, for the help! I have brought this to the attention of the Board, we'll see if they do anything about it or if it will take a member action to get it cleared up. (I'm guessing this would be considered a continuing breach, so a Point of Order would be proper?)

 

A Point of Order would be proper, yes.

[JayW]

Thanks!