challenging executive session

[Guest sun prairie]

How does a member of an organization challenge the board of directors to give account that an item being discussed by the board warrants going into executive session? If the topic is one that involves a vendor providing services to the organization, is a statement by the BODs that disclosure of board discussions would give information to competitors that might want to provide the same service sufficient? If yes, are ALL discussions of this issue automatically "eligible" to be part of the executive session?

[hmtcastle]

are ALL discussions of this issue automatically "eligible" to be part of the executive session?

A board, or any assembly, is free to meet in executive session whenever it wants, for whatever reason it wants, or for no reason at all. A board can, and often does, meet in executive session all the time. There is no "eligibility" (though there are some things which should only be considered in executive session).

[Kim Goldsworthy]

How does a member of an organization challenge the board of directors to give account that an item being discussed by the board warrants going into executive session? If the topic is one that involves a vendor providing services to the organization, is a statement by the BODs that disclosure of board discussions would give information to competitors that might want to provide the same service sufficient? If yes, are ALL discussions of this issue automatically "eligible" to be part of the executive session?

Forget "discussion."

The most you can order from your board is its minutes.

There is a method by which the general membership may order the minutes of its board produced and read.

See RONR page 470.

[Guest sun prairie]

Thanks to both of you for the replys. Minutes of the BOD meetings are posted to a website for viewing by memebers so in that sense all is well. However it seems odd that a BOD can conduct any (all?)business of an association in executive session with no accounting to the membership.

[Gary Novosielski]

Thanks to both of you for the replys. Minutes of the BOD meetings are posted to a website for viewing by memebers so in that sense all is well. However it seems odd that a BOD can conduct any (all?)business of an association in executive session with no accounting to the membership.

The "accounting" to the membership is the record of what was done by the board, which you are getting. You hold them to account by voting them out of office if they do not perform to your satisfaction.

But as a general rule, RONR says boards have only the powers granted to them by the membership in the bylaws, so your membership may well have the right to instruct and overrule the board in other ways--not only at election time. Or perhaps not. Check your bylaws.

[Lori Lukinuk]

How does a member of an organization challenge the board of directors to give account that an item being discussed by the board warrants going into executive session? If the topic is one that involves a vendor providing services to the organization, is a statement by the BODs that disclosure of board discussions would give information to competitors that might want to provide the same service sufficient? If yes, are ALL discussions of this issue automatically "eligible" to be part of the executive session?

If your organization is like mine, there may be bylaws or regulations that take precedence over your own bylaws. I am a publicly elected official and the Ministry of Education Legislation, which takes precedence over our own bylaws, states clearly that we can only go into executive session to deal with items dealing with property matters, personnel issues and negotiations. Other than that, we are required to be in public session. This may or may not be the case with your organization. I can't tell from your post.

[Josh Martin]

If your organization is like mine, there may be bylaws or regulations that take precedence over your own bylaws. I am a publicly elected official and the Ministry of Education Legislation, which takes precedence over our own bylaws, states clearly that we can only go into executive session to deal with items dealing with property matters, personnel issues and negotiations. Other than that, we are required to be in public session. This may or may not be the case with your organization. I can't tell from your post.

And if it is the case, the poster should consult a lawyer.