Minutes Of Executive Committee

[xing]

Can a 501c organization decline to make available minutes of it regular ExCom meetings to members of god standing?

ANSWER: I am assuming that the organization is a California Nonprofit Public Benefit Corporation. If not, let me know what it is and, after you give me that information I will reply further.http://goo.gl/Zm9Z6  starting at section 5002 is the California Nonprofit Corporation's law and specifically starting at 5110 is the law for Nonprofit Public Benefit Corporations.  Specifically, go down, starting at section 6310 and going to section 6338 and you will see what the members have access to

CHAPTER 13.  RECORDS, REPORTS, AND RIGHTS OF INSPECTION --- Start of Excerpt ---

6333.  The accounting books and records and minutes of proceedings

of the members and the board and committees of the board shall be

open to inspection upon the written demand on the corporation of any

member at any reasonable time, for a purpose reasonably related to

such person's interests as a member.

---End of Excerpt---

Therefore, if the Executive Committee is a committee of the board, a member has access - otherwise, not(unless the Articles of Incorporation or Bylaws require the release).

Harvey Mechanic, Attorney at Law - [email protected]

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.    

---------- FOLLOW-UP ----------

The 501(c) non-profit is incorporated in New York State. The Executive Committee is made up of five elected members of the learned society’s Board of Governors - President, Past-President, President-Elect, Treasurer and Secretary; the bylaws makes no mention of the secrecy of BoG or ExCom minutes.(The former have already been sent to me; the organization’s legal counsel is currently deliberating on the latter.)

[Mihangel]

The New York Not-for-Profit Corporation Law is available athttp://goo.gl/BYDUx [public.leginfo.state.ny.us]

Specifically note section 621 as to records http://goo.gl/ZEHZN

Included as records that need to be kept are "minutes  of  the proceedings of its members, board and executive committee" but, among items that must be given to members, those minutes of executive committee are not listed. Therefore, unless you obtain a court order, under subsection(f), or if required in the organization's Articles of Incorporation or Bylaws, the corporation is not required, under law, to release the minute of executive committee meetings to members.

Harvey Mechanic, Attorney at Law - [email protected]

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.