Meeting Minutes

[Guest Teresa]

Is there wording about meeting minutes and the distribution to members that are not in attendance?

[Hieu H. Huynh]

It is a duty of the secretary to "make the minutes and records available to members upon request (see p. 460, ll. 13-17)." (RONR 11th ed., p. 459, ll. 4-5)

 

"Any member has a right to examine these reports and the record book(s) referred to on page 459, lines 13-16, including the minutes of an executive session, at a reasonable time and place, but this privilege must not be abused to the annoyance of the secretary." (p. 460, ll. 13-17)

 

Any "distribution to members that are not in attendance" will be up to your organization to decide.

[Guest LB]

Can a member that was brought up on disciplinary charges and brought into executive session, request minutes from that session? 

[Richard Brown]

Guest LB, would you post your question as a new topic?  Think of this thread as Guest Teresa's thread.  Even though your question might seem similar, it could cause confusion, especially if guest Teresa follows up with questions of her own.

[George Mervosh]

Can a member that was brought up on disciplinary charges and brought into executive session, request minutes from that session? 

 

No member has a right to a copy of the minutes of any meeting, or portion of it.

[Richard Brown]

Can a member that was brought up on disciplinary charges and brought into executive session, request minutes from that session? 

 

No member has a right to a copy of the minutes of any meeting, or portion of it.

C'mon, George, you can do better than that. 

 

Although it is true that there is no provision in RONR requiring that copies of minutes be provided to members, there is certainly no prohibition against it.  And there is certainly no prohibition against asking.

 

In addition, RONR is quire clear that every member of an organization has to right to inspect the minutes and the secretary has a duty to make them available to members for inspection at reasonable times and places.  RONR pages 459 and 460.  I would imagine that the member inspecting the minutes also has the right to make notes about them, but that, perhaps, could be debatable.

 

It is true that minutes of an executive session are treated differently, but if the member was a part of the executive session, I believe he has the right to at least inspect those minutes.

 

In addition, if the organization is incorporated, it might well be subject to a statute regarding access to and copies of the minutes and other records of the corporation by the members.  If the organization is incorporated, I would encourage the member to check his state's corporation statutes.

 

Whether the member is entitled to an actual copy of the minutes in question is not addressed directly by RONR.  However, I believe that if he is being subjected to disciplinary proceedings and he believes he needs those minutes to aid in his defense, the refusal of the organization or its secretary to make them available to him might well constitute a denial of due process and the resulting ramifications.

[Josh Martin]

C'mon, George, you can do better than that.

Although it is true that there is no provision in RONR requiring that copies of minutes be provided to members, there is certainly no prohibition against it. And there is certainly no prohibition against asking.

In addition, RONR is quire clear that every member of an organization has to right to inspect the minutes and the secretary has a duty to make them available to members for inspection at reasonable times and places. RONR pages 459 and 460. I would imagine that the member inspecting the minutes also has the right to make notes about them, but that, perhaps, could be debatable.

It is true that minutes of an executive session are treated differently, but if the member was a part of the executive session, I believe he has the right to at least inspect those minutes.

In addition, if the organization is incorporated, it might well be subject to a statute regarding access to and copies of the minutes and other records of the corporation by the members. If the organization is incorporated, I would encourage the member to check his state's corporation statutes.

Whether the member is entitled to an actual copy of the minutes in question is not addressed directly by RONR. However, I believe that if he is being subjected to disciplinary proceedings and he believes he needs those minutes to aid in his defense, the refusal of the organization or its secretary to make them available to him might well constitute a denial of due process and the resulting ramifications.

If the person in question is a member of the body which met in executive session, he has a right to inspect the minutes. If he is not, he does not. As previously noted, he does not, in any event, have a right to a copy of the minutes.

Nothing in Ch. XX of RONR indicates that a member's due process rights with respect to disciplinary proceedings give him any additional rights in this regard.

[Edgar Guest]

Is there wording about meeting minutes and the distribution to members that are not in attendance?

If you're referring to the draft minutes (that have not yet been approved), many organizations will send them to all members. It can save time at the next meeting (where the minutes will be approved).

 

If you're referring to minutes that have been approved, Mr. Huynh answered your question in Post #2 (as he often does).

[Richard Brown]

Nothing in Ch. XX of RONR indicates that a member's due process rights with respect to disciplinary proceedings give him any additional rights in this regard.

I'm referring more to the ramifications of what can happen if a member is removed from office or expelled from membership without having been afforded fundamental due process and with evidence that can aid in his defense having been withheld.

[George Mervosh]

C'mon, George, you can do better than that. 

 

 

Neh, I'm good.

 

 

If the person in question is a member of the body which met in executive session, he has a right to inspect the minutes. If he is not, he does not. As previously noted, he does not, in any event, have a right to a copy of the minutes.

Nothing in Ch. XX of RONR indicates that a member's due process rights with respect to disciplinary proceedings give him any additional rights in this regard.

 

 

I'm referring more to the ramifications of what can happen if a member is removed from office or expelled from membership without having been afforded fundamental due process and with evidence that can aid in his defense having been withheld.

 

I don't see how anything in Josh's last sentence can be argued with.   (or his first sentence for that matter)

[Josh Martin]

I'm referring more to the ramifications of what can happen if a member is removed from office or expelled from membership without having been afforded fundamental due process and with evidence that can aid in his defense having been withheld.

The ramifications of denying a person "fundamental due process" in disciplinary proceedings would be very serious indeed. A person who is denied a copy of minutes, or who is denied permission to view minutes of a body which he is not a member of, has not been deprived of any of his rights to due process. There is nothing in RONR which requires a society to turn over any information simply because the member believes it will aid him in his defense.

[Dan Honemann]

The ramifications of denying a person "fundamental due process" in disciplinary proceedings would be very serious indeed. A person who is denied a copy of minutes, or who is denied permission to view minutes of a body which he is not a member of, has not been deprived of any of his rights to due process. There is nothing in RONR which requires a society to turn over any information simply because the member believes it will aid him in his defense.

 

Well, there is certainly no doubt but that the rules of discovery that apply to civil and criminal proceedings in various jurisdictions throughout the United States (and elsewhere) have no application to disciplinary proceedings being conducted under the rules in RONR.

 

I think the response in post #7 is correct.