Open Meeting Law Violation?
Hi Dennis
My question pertains to what has been communicated to me as being a violation of the Open Meeting Law. In short, is it a violation for a member of the Association to email all seven members of the board at one time to express a concern about neglect of property within the community? I find the explanation I was given to be very confusing based on what I can understand about the Law.
Thank you!
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Wanda,
It is never a violation of the open meeting laws for a member to communicate with the board individually or collectively about community issues. It is a violation of the open meeting laws for a board to take action or discuss community business amongst themselves via email other than emergency issues. How the board responds to you or based on what your communication to the board was about could constitute a violation. if one responds and provides an opinion of that individual that would never constitute a violation, if however, a quorum of the board weighs in on the issue and include each other on their responses This could constitute discussion of the board on a community issue outside of an open meeting.
Bottom line nothing stops any member from communicating with a board member or that board member responding to that member individually. The board simply has to be carefull on the extent of the discussion conducted in e-mails that include a quorum of the board. If multiple inputs are required, the best response would be to include the issue for discussion at the next board meeting.
Dennis
Thank you so much, Dennis. I need your clarification to overcome my confusion and you have done a great job!