Executive Board Committee meeting Rules

[Jimmy M]

At a Non Profit:  It has been proposed, for an upcoming very sensitive Exec. Committee Meeting "inviting other Board members and possibly non-Board members to attend  meeting as observers."

It is also suggested that "notes can be taken and what happens can be discussed outside of the meeting."

Just checking with anyone who may know.  Is this allowed?  Legal?  Ok? 

No it is NOT in our bylaws, In text anywhere or suggestion prior to this latest statement of any kind.  It is very unprecedented based on prior board culture. 

NOTE: this is not considered an executive session.

 

Thanks

 

[Josh Martin]

On 9/27/2023 at 3:59 PM, Jimmy M said:

At a Non Profit:  It has been proposed, for an upcoming very sensitive Exec. Committee Meeting "inviting other Board members and possibly non-Board members to attend  meeting as observers."

It is also suggested that "notes can be taken and what happens can be discussed outside of the meeting."

Just checking with anyone who may know.  Is this allowed?  Legal?  Ok? 

No it is NOT in our bylaws, In text anywhere or suggestion prior to this latest statement of any kind.  It is very unprecedented based on prior board culture. 

NOTE: this is not considered an executive session.

It will ultimately be up to the Executive Committee to choose whether to permit this, but certainly no rule in RONR would prevent it. Only members of the Executive Committee have a right to attend meetings of the Executive Committee, but the EC may, at its discretion, invite others to attend.

"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)." RONR (12th ed.) 9:28

[Gary Novosielski]

On 9/27/2023 at 4:59 PM, Jimmy M said:

At a Non Profit:  It has been proposed, for an upcoming very sensitive Exec. Committee Meeting "inviting other Board members and possibly non-Board members to attend  meeting as observers."

It is also suggested that "notes can be taken and what happens can be discussed outside of the meeting."

Just checking with anyone who may know.  Is this allowed?  Legal?  Ok? 

You don't say how, where, or by whom it "has been proposed."    The Executive "Committee" is free to invite whomever they like to their meeting.  So if that's who proposed it, that's allowed and ok. Legal?  I guess, but I am not a lawyer.

If it's proposed by the membership that the EC should invite certain people, then I think it could be argued that they would have to do that if instructed by the membership.  But then why not just consider the matter in a membership meeting, and not have to worry about who's invited.

[Jimmy M]

Thank you, very helpful.

 

Jimmy

[Jimmy M]

Gary, it is One of the exec committee, who is arguably making the process difficult and very much about them, The rest of the exec committee has been working to peacefully resolve the issue, while the 'one'  making it challenging and throwing curve balls and engaging in selective adherence to by laws.  This meeting is not for the general public to attend due to its sensitive nature.  They are doing all they can to safe face for all involved.  Also the One, has specifically invited and included sympathetic community members to the board email chain for the discussion.

I hope that makes some sense.

[Josh Martin]

On 9/27/2023 at 8:45 PM, Jimmy M said:

Gary, it is One of the exec committee, who is arguably making the process difficult and very much about them, The rest of the exec committee has been working to peacefully resolve the issue, while the 'one'  making it challenging and throwing curve balls and engaging in selective adherence to by laws.  This meeting is not for the general public to attend due to its sensitive nature.  They are doing all they can to safe face for all involved.  Also the One, has specifically invited and included sympathetic community members to the board email chain for the discussion.

If I understand these facts, literally one member of the Executive Committee wants to invite people to this meeting, and the rest of the Executive Committee does not. If this is the case, then at least for now, the member will not be successful in making this meeting open to persons who are not members of the Executive Committee.

If the member wished to pursue this further, he certainly could take this to a higher authority (the board) or an even higher authority (the membership) and seek to have them instruct the Executive Committee to hold certain meetings open to the membership. He may or may not be successful in that endeavor. Some organizations do adopt rules requiring that meetings of the Executive Committee and the board (perhaps with some exceptions) shall be open to the membership.

I express no view on this matter on the merits. This will ultimately be up to the organization to resolve for itself.

[puzzling]

On 9/27/2023 at 9:59 PM, Jimmy M said:

NOTE: this is not considered an executive session.

Maybe you should make it an executive session that way you can prevent: 

 

On 9/28/2023 at 2:45 AM, Jimmy M said:

Also the One, has specifically invited and included sympathetic community members to the board email chain for the discussion.

(Or at least add that to the complaints against him)

But if you can do it all depends on your bylaws, and the riles and instructions of the membership 

[Gary Novosielski]

On 9/27/2023 at 9:45 PM, Jimmy M said:

Gary, it is One of the exec committee, who is arguably making the process difficult and very much about them, The rest of the exec committee has been working to peacefully resolve the issue, while the 'one'  making it challenging and throwing curve balls and engaging in selective adherence to by laws.  This meeting is not for the general public to attend due to its sensitive nature.  They are doing all they can to safe face for all involved.  Also the One, has specifically invited and included sympathetic community members to the board email chain for the discussion.

I hope that makes some sense.

Yes, it makes sense.  The only piece that does not is how one person can outvote the rest of the EC.  He wants one thing, everyone else wants something else; a vote is taken;  he loses;  and life goes on.  No pain, no drama.