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Tomm

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How official are video recording of a board meeting?

We've had a recent incident where a board member asked to have the recording of a board meeting edited prior to posting so that a possible embarrassing comment was removed. Some say the recording is an official corporate record and can't be touched while others are saying the only official corporate record are the Minutes and the video recording is simply a convenience and courtesy for those who couldn't attend the meeting. 

Any insight? Although I do understand this is kind of out of the scope of RONR but I do believe you have lawyers on staff. 

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On 10/24/2023 at 5:00 PM, Tomm said:

Any insight? Although I do understand this is kind of out of the scope of RONR but I do believe you have lawyers on staff. 

I believe I speak for all the lawyers here when I say: the fact of being a lawyer doesn't make me your lawyer. I would not think to give you legal advice (let alone to your organization) without being retained for that purpose, and I would not allow myself to be retained for that purpose without being barred in your state and knowledgeable about the relevant laws. 

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On 10/24/2023 at 2:01 PM, Joshua Katz said:

I believe I speak for all the lawyers here when I say: the fact of being a lawyer doesn't make me your lawyer. I would not think to give you legal advice (let alone to your organization) without being retained for that purpose, and I would not allow myself to be retained for that purpose without being barred in your state and knowledgeable about the relevant laws. 

Okay, sorry, but without asking legal advise would it be appropriate to simply ask, if in your experience, and unofficial opinion, would a video recording of a meeting be considered an official document? 

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On 10/24/2023 at 5:00 PM, Tomm said:

How official are video recording of a board meeting?

We've had a recent incident where a board member asked to have the recording of a board meeting edited prior to posting so that a possible embarrassing comment was removed. Some say the recording is an official corporate record and can't be touched while others are saying the only official corporate record are the Minutes and the video recording is simply a convenience and courtesy for those who couldn't attend the meeting. 

Any insight? Although I do understand this is kind of out of the scope of RONR but I do believe you have lawyers on staff. 

The closest RONR comes to weighing in on that is this:

48:6 The use by the secretary of a recording device can be of
great benefit in preparing the minutes, but a transcription from
it should never be used as the minutes themselves.

But if the book could talk it would be quick to remind you that it  is not your lawyer either,.

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On 10/24/2023 at 4:00 PM, Tomm said:

How official are video recording of a board meeting?

We've had a recent incident where a board member asked to have the recording of a board meeting edited prior to posting so that a possible embarrassing comment was removed. Some say the recording is an official corporate record and can't be touched while others are saying the only official corporate record are the Minutes and the video recording is simply a convenience and courtesy for those who couldn't attend the meeting. 

Any insight? Although I do understand this is kind of out of the scope of RONR but I do believe you have lawyers on staff. 

As a parliamentary matter, a video recording is "a convenience and courtesy," and is not an official record of the assembly.

But whether it is correct as a matter of law that a video is "an official corporate record and can't be touched" is beyond the scope of RONR and this forum, and questions concerning this matter should be directed to an attorney.

On 10/24/2023 at 4:35 PM, Tomm said:

Okay, sorry, but without asking legal advise would it be appropriate to simply ask, if in your experience, and unofficial opinion, would a video recording of a meeting be considered an official document? 

I am not an attorney, but I would respectfully suggest that if an answer to a legal question is important enough that you want a real answer to it, your organization is better served by finding an attorney who can opine on the applicable laws relevant to your type of organization, the jurisdiction where your organization is incorporated, and the particular situation at hand, rather than asking random strangers on the Internet.

Edited by Josh Martin
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