When a Board calls a 'Special Open Meeting'

[Guest RonZ]

Hello,  It's Sunday Oct.16th,2022.

My Topic:  

The Board has called a Special Open Meeting to determine if a person shall be removed as Chairperson and as a member of the Country Club’s Building Committee.

The notice said members wishing to attend may do so via zoom.   The notice did not say members may physically be at the meeting.     

My Question:

Is it a given that 'open' board meetings, regardless of why, may be attended, in person, by the members?

Thank you

[Rob Elsman]

Nothing in RONR (12th ed.) gives persons who are not members of the executive board a right to attend meetings of the executive board.  This includes members of the society who are not members of the executive board.  In this case, it seems that the executive board has extended a privilege to members of the society who are not members of the executive board to watch the proceedings of this meeting of the executive board by way of the Zoom app.  If the description is accurate, these spectators do not have any right to participate or interfere in the proceedings; they are just spectators.

[Tomm]

On 10/16/2022 at 7:29 AM, Rob Elsman said:

If the description is accurate, these spectators do not have any right to participate or interfere in the proceedings; they are just spectators.

But if this is for disciplinary purposes, shouldn't it be held in executive session to protect the accused?

[Josh Martin]

On 10/16/2022 at 1:48 PM, Tomm said:

But if this is for disciplinary purposes, shouldn't it be held in executive session to protect the accused?

Certainly, but the actions in question (removal of a person as chairperson and member of a committee) do not generally require disciplinary procedures.

"Unless the bylaws or other governing rules expressly provide that committee members shall serve “… and until their successors are chosen” or for a fixed period, as “… for a term of two years” (in which case the procedure for their removal or replacement is the same as that for officers described in the second bulleted item in 62:16), committee members (including the chairman) may be removed or replaced as follows: If appointment was as provided in paragraphs (a), (b), (c), or (e) above, the removal or replacement of a committee member requires the same vote as for any other motion to Rescind or Amend Something Previously Adopted. If appointment was by the president acting alone under paragraph (d), he may remove or replace committee members by his own act (see 13:23)." RONR (12th ed.) 50:14

[Guest RonZ]

Is there any type of Board meeting, except 'closed' where any community member can attend in person without an invitation?

[Josh Martin]

On 10/16/2022 at 5:17 PM, Guest RonZ said:

Is there any type of Board meeting, except 'closed' where any community member can attend in person without an invitation?

As previously noted, there is nothing in RONR which grants persons who are not members of the board a right to attend board meetings. So far as RONR is concerned, whether members of the society may attend board meetings (in person or otherwise) is at the board's discretion.

It may be that the organization has its own rules on this matter, or there may be such rules in applicable law. Such rules would take precedence over RONR. To the extent that such rules exist, it will be necessary to refer to those rules to determine what rights specifically they grant to members of the society in this regard.

[Gary Novosielski]

I'm not 100% clear that this is a special board meeting, as opposed to a special meeting of the membership.  Also I'd want to know for certain what the parent group of this committee is--does it report to the board, or the membership?  Can the board dismiss the chair of a committee that reports elsewhere?

And of course there's the question of whether electronic meetings are provided for in the bylaws.