Regular or Special Session?

[Tomm]

This is what the Bylaws say about regular meetings of the Board:

"Board meetings will generally be held on the second Monday and last Thursday of the month at 9am in the  Auditorium, except the months of July and August when no Board meetings are held. Board meetings may occur earlier in the month during November and December due to the holidays. Board meeting schedules will be posted in  Facilities and/or published in the newsletter  and/or on the website"

Today's meeting was going to be very confrontational between the Members and the Board and everybody knew it. In fact, two plain clothed members of the sheriff's dept. were even called in!

Here's what happened today; the meeting started at 9 am, had the pledge of allegiance, then swore in a replacement Director (for the one they controversially dismissed), allegedly saw someone in the audience hold up a protest sign, Chair said "I said no signs allowed" and gaveled the meeting adjourned and they all left the stage!!

Question: If they were have gathered someplace else that same day and conducted the planned business that was on the agenda, would that be considered a Special Session because the regularly scheduled meeting had arguably occurred?     

Special Sessions of the Board may be called by the President or upon the written request of three (3) or more Board of Directors. The purpose of the meeting shall be stated in the call and posted on the website.  Except in cases of emergency, at least seventy-two (72) hours’ notice shall be given.

Edited September 14, 2021 at 01:17 AM by Tomm

[Atul Kapur]

I doubt it. For one thing, did they issue a call, state the purpose of the meeting in that call, and post it on the xxxx website? These things would be required for it to be a properly called meeting. 

BTW, I suggest that you delete the link entirely, rather than just change the letters in the name that shows up.

[Tomm]

On 9/13/2021 at 3:40 PM, Atul Kapur said:

I doubt it. For one thing, did they issue a call, state the purpose of the meeting in that call, and post it on the xxxx website? These things would be required for it to be a properly called meeting. 

My concern is that they already held the regular meeting at 9 am then almost immediately adjourned it. Would any other meeting that took place that same day be considered the regular meeting or a Special Session because the regular meeting already took place?

Got ya on the link!!! My bad!

 

[Josh Martin]

On 9/13/2021 at 5:46 PM, Tomm said:

My concern is that they already held the regular meeting at 9 am then almost immediately adjourned it. Would any other meeting that took place that same day be considered the regular meeting or a Special Session because the regular meeting already took place?

Based upon the facts presented, it appears the chair declared "The meeting is adjourned" and not "The meeting is adjourned to X PM (or the call of the chair)." As a result, a meeting held later that day would not be a continuation of the regular meeting. It probably would have been prudent for the board to establish an adjourned meeting, but if it did not do so, the regular meeting cannot be reconvened.

It's not clear the board could hold a proper special meeting later the same day either, since it appears that such meetings ordinarily require 72 hours notice (but make an exception for an "emergency"). Even in an emergency, the rules appear to still require that the notice be sent to all members of the board and posted on the society's website. Additionally, a special meeting may only consider the items included in the call.