Are questions allowed during at a board meeting during the comment period?

[Guest Cat]

We have monthly Board Meetings that are Open per State Law. We used to have them in person and members were allowed to comment. Now our Board holds them by zoom and they have included a comment period. Usually the comment period is at the end but they change the comment period so last night it was in the middle, presumably because they did not want the public about the last two topics. After the Open part of the Board meeting they break into executive session. 

During the beginning part of the meeting, before the comment period, there was a Beach Committee report as well as several other items. I asked two questions about the timing of when the Board would share information obtained about the Beach that was recommending by the committee including a survey of the beach. It has been several month since the reports were complete and they have not shared them, which is surprising. 

The Board and chair responded that I was out of order with my questions, that it was a "comment period" and I was not allowed to ask questions. So my comment became- "I wish that, after the meeting, someone on the Board would tell me how I am allowed to ask questions in the proper fashion." 

In the end, I emailed my questions on the public forum. I did this because the Board typically ignores my emails and does not even acknowledge them. 

Can you please clarify if my questions at the Board meeting were "Out of Order?" If so, what is the proper way to ask questions and what should i be able to expect in terms of response from the Board? 

[Josh Martin]

On 1/22/2023 at 11:46 PM, Guest Cat said:

We have monthly Board Meetings that are Open per State Law.

I will do my best to answer this question, but it appears this may ultimately be a question concerning state law, and would therefore be beyond the scope of RONR and this forum. You may need to seek legal advice.

On 1/22/2023 at 11:46 PM, Guest Cat said:

The Board and chair responded that I was out of order with my questions, that it was a "comment period" and I was not allowed to ask questions. So my comment became- "I wish that, after the meeting, someone on the Board would tell me how I am allowed to ask questions in the proper fashion." 

In the end, I emailed my questions on the public forum. I did this because the Board typically ignores my emails and does not even acknowledge them. 

Can you please clarify if my questions at the Board meeting were "Out of Order?"

RONR does not grant members of the association a right to speak at (or even attend) board meetings at all. To the extent that members are permitted to speak at board meetings, the details are under the control of the board. So if only RONR is controlling, it is at the board's discretion (subject to any rules the association or the board have adopted on this matter) whether to permit members to ask questions.

It appears in this case that the comment period may relate to something in state law. While I cannot comment on the specifics of a particular state law, I will say that it is not unusual for such laws to provide for a "public comment" period that does not allow for questions. (It may also be that the law in question only grants members of the association a right to attend, and does not provide a right for comments or questions.)

What little RONR has to say on this subject is as follows:

"A deliberative assembly or committee is normally entitled to determine whether nonmembers may attend or be excluded from its meetings (even when not in executive session). Many public and semipublic bodies, however, are governed by sunshine laws—that is, their meetings must be open to the public. Normally, such laws have no application to private, nongovernmental bodies.

In meetings of many public bodies, such as school boards, the public may attend. Similarly, in some private organizations such as church councils, parishioners may be permitted to attend. These attendees are not members of the meeting body and ordinarily have no right to participate. Some bodies, especially public ones, may invite nonmembers to express their views, but this is done under the control of the presiding officer subject to any relevant rules adopted by the body and subject to appeal by a member. Often, by rule or practice, time limits are placed on speakers and relevance is closely monitored." RONR (12th ed.) 9:28-29

On 1/22/2023 at 11:46 PM, Guest Cat said:

If so, what is the proper way to ask questions and what should i be able to expect in terms of response from the Board? 

So far as RONR is concerned, it is at the board's discretion (subject to any rules the association or the board have adopted on this matter) to determine the proper way to ask questions and expectations concerning response. If the members are dissatisfied with the response they receive from board members, they are free to elect new board members when the opportunity arises and/or to adopt rules concerning this matter.

If there is something in state law on these matters, those rules will take precedence.

Edited January 23, 2023 at 01:59 PM by Josh Martin

[Guest Cat]

Thank you. That helps a lot. 

[Guest Audience Comments]

In the past the committee meetings at our club allowed audience comments or questions after the meeting was adjourned.  At the last meeting, I had questions (simple questions) and was told that they could not answer my questions because they were following Roberts Rule of Order.  Is this true?

[Gary Novosielski]

On 2/21/2024 at 4:43 PM, Guest Audience Comments said:

In the past the committee meetings at our club allowed audience comments or questions after the meeting was adjourned.  At the last meeting, I had questions (simple questions) and was told that they could not answer my questions because they were following Roberts Rule of Order.  Is this true?

Please ask new questions by starting a new topic.