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Guest MJH

Pictures of financials/removing unaware board members

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Guest MJH

I have a few different questions that I can't seem to find a full answer for anywhere.

1. Is it legal for parents or board members not on the account, to take pictures of or even view financial books (Bank statements, cashed checks, etc.) at a meeting?

2. If there are 12 people on a youth sports board and appx. 100 parents involved in our football program, can 5 board members (VP, concessions, and 3 head coaches) call a meeting with only an hour's notice, ask the only 22 parents in attendance to vote to remove 2 officers (President and Concession chair), which one wasn't notified and who weren't either present?  They also did not make sure every parent was notified about the meeting.  It seemed only to be people who they knew would vote their way.  Thanks in advance for your help.

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Truly "legal" questions should be referred to an attorney.

1.  Members of an organization must be given reasonable access to view minutes and other records of the organization, not necessarily during a meeting, but at a time agreed upon with the secretary (or other custodian of the records).  Parents of members are not covered by RONR.

2.  Special meetings cannot be called at all, except by following the procedures in your bylaws, which should specify what constitutes reasonable advance notice of the meeting.  One hour would probably not qualify.  If special meetings are allowed, only the business described in the call of the meeting may be considered.  ALL members entitled to attend MUST be notified.  Failure to observe any of these rules would make actions taken at this so-called "meeting" null and void.

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1 hour ago, Guest MJH said:

Q1. Is it legal for parents or board members not on the account, 

to take pictures of or even view financial books (Bank statements, cashed checks, etc.) at a meeting?

Q2. If there are 12 people on a youth sports board and appx. 100 parents involved in our football program,

can 5 board members (VP, concessions, and 3 head coaches) call a meeting with only an hour's notice, ask the only 22 parents in attendance to vote to remove 2 officers (President and Concession chair), which one wasn't notified and who weren't either present? 

They also did not make sure every parent was notified about the meeting. 

It seemed only to be people who they knew would vote their way.

A1.) "Not on the account"? -- Do you mean to say that their names are not on the bank signature card? If that is what you meant, then no board member could view such documents except one or two, i.e., the signatories on the official bank card. So that can't be what you mean. Right?

Unless the data is sensitive, the documents of the organization belong to all current members. So all current members may view the documents (financial statements, cashed checks, etc.). To repeat, it may be the case that your organization has a rule in place regarding privacy (of addresses, of telephone numbers, etc.), and therefore your organization might consider all such data secret, and only revealed when an adopted motion (i.e., permission) is in place, to allow such access.

***

A2.) If you mean, "to vote on business", then the answer is "No, they cannot do that." Binding votes are only permissible inside properly-called meetings with a quorum present.

If you mean, "to plan and to discuss strategy and tactics and policy", then the answer is "Yes." They can talk and plan all they want. It isn't binding on the organization.

Indeed, per your own description, you have a 12-person board. You have 5 board members in this secret meeting. And 5 is short of a majority of 12 (i.e., 7), so you don't have a quorum. So I do not see how any binding votes can be taken.

 

 

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Guest Gary c Tesser

... ANd, Guest MJH (and all posters), for such separate matters, it works better on this website forum to post such separate questions each in its own discussion thread.  That way Mr Goldsworthy has less opportunity to confuse me, though for him there is no possible impediment.

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