Board Meeting Recording without consent NY

Started by VincentM1 • 3 replies • 2786 views

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VincentM1 (New York)
Posts: 1

Posted:

I am a Board member and after our meeting was infomed that it was recorded.5 board members where told 4 were not.Meetings have never been recorded before.There are some serious issues and lack of trust.Does any one know if this is legal?Also the membership present were also not told or asked.
Thanks

TimB4 (Tennessee)
Posts: 21,062

Posted:

Vincent,

My research, below, shows that NY has a one-party consent law for recordings. This means that as long as one person in the meeting is informed and consents to the recording then it is legal.

Link to site:

Citizens Media web site showing NY recording laws with links to other states.

Even though it is legal, I personally believe that everyone in the meeting should be informed. As you said, failure to inform everyone (even if you don't require everyone's consent), creates trust issues.

I would suggest you start asking at the beginning of every meeting if the meeting is being taped. Additionally, the Board may adopt rules that prohibit recordings or require that everyone involved is informed prior to the recording.

Hope this helps.

Tim

SusanW1 (Michigan)
Posts: 5,202

Posted:

I wonder if those laws pertain to a private, non profit board meeting. HOa board meetings are not public forums to anyone other than members of the board and Members.

RONR says that permission from the board must be obtained for recording of board meetings. A motion and vote should be held granting permission.

The minutes should contain everything of importance to any member.

LynetteB (Texas)
Posts: 141

Posted:

Google recording meetings in NY and find all you can. As another poster already stated, it is legal. You may be able to find more details though. In my state, the code governing this applies to POA's in the same manner as a governmental body. It also states that the POA can adopt rules that require anyone who may be recording to state the fact up front. If there is an adopted rule, any person 'caught' secretly recording would be subject to your violation policy for breaking the POA rules.
We had the same thing happen here and once we adopted the rule and the person recording was required to place his recording device on the table, the 'fun' was gone for him and he no longer recorded.
Knowing your being recorded sure makes you choose your words before speaking. (which more people should do anyway).
Good luck.
Lynette

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