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Are EC secret meetings allowed?


KenAFP

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Background:

A publically elected group then elects an Executive Committee (EC) plus a Treasurer from outside the elected group.

Questions:

As a representative organization, can the organization's EC hold confidential meetings or pass emails to each other and assume they will be held confidentially? Or are all EC conversations (+ email) and/or meetings subject to scrutiny by the rest of the general group members? Are there any RRO defaults when no by-laws address these issues?

There is nothing in the bylaws prohibiting confidential or secret meetings. And there are no known written policies and procedures for governing such occurrence.

Are there any defaulting consequences if partial conversations (without deciding conclusions) within this group are published?

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As a representative organization, can the organization's EC hold confidential meetings or pass emails to each other and assume they will be held confidentially? Or are all EC conversations (+ email) and/or meetings subject to scrutiny by the rest of the general group members? Are there any RRO defaults when no by-laws address these issues?

As far as RONR is concerned, only members of the body that is meeting (in this case the executive committee) have a right to attend meetings. Further, an assembly can meet in executive (confidential) session whenever it wants.

I'm not sure what you mean by "plus a treasurer". Is the treasurer a member of the EC or not?

The general membership can order the minutes of executive committee meetings read at a meeting of the general membership but minutes should not contain "conversations" so that part of the meeting would remain confidential.

The exchange of e-mail does not constitute a meeting. They are as private as the sender and recipient want them to be.

You mentioned a "publicly elected group" so it may be subject to so-called "sunshine" or open-meeting laws. But that's beyond the scope of RONR and, therefore, this forum.

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As a representative organization, can the organization's EC hold confidential meetings or pass emails to each other and assume they will be held confidentially? Or are all EC conversations (+ email) and/or meetings subject to scrutiny by the rest of the general group members? Are there any RRO defaults when no by-laws address these issues?

Under RONR, any assembly may choose to meet in executive session, which places the burden of confidentiality on the members and other attendees. No individual member has the right to "scrutiny" of any of this, but the general membership may order the board's minutes to be read at a meeting. This requires a 2/3 vote, vote of a majority of the entire membership, or majority vote with previous notice. It would be advisable for the general membership itself to enter executive session for this, so that the information may at least remain within the society.

RONR is a book about conducting meetings, so it says nothing regarding conduct outside of meetings (such as e-mail).

Are there any defaulting consequences if partial conversations (without deciding conclusions) within this group are published?

No, there are no default consequences. As in all cases of discipline, the assembly will determine what punishment (if any) should be applied at the conclusion of the disciplinary process. Be sure to read RONR, 10th ed., Ch. XX thoroughly before initiating any disciplinary action.

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