NEW Discussion Re: Discussion about Candidates for Board APPOINTMENT

For Arizona Gurus:
Question for anyone familiar with ARS33-1248. A posting by PM to the HOA portal announced a vacancy on the BOD. I wrote to the PM and said I was interested and they are to send me a candidates form to be put into a packet for the next regular meeting. Meantime, a friend on the board sent a note to the BOD telling them I was interested in serving and made a few other comments. Sent the email to "all" and one member and the PM are saying this is not allowed. Since the ensuing discussions could get very personal (I am a little polarizing) and there are going to be a few candidates.....would it be advisable to notice a Special Meeting, Executive Session for discussion of candidate qualification BUT do the actual appointment in the next open meeting?or could they do it during ES? I have read the statute several times and am just not quite sure what "personal"means.
Thanks
Joanne

"Personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association, including records of the association directly related to the personal, health or financial information about an individual member of the association, an individual employee of the association or an individual employee of a contractor for the association."

I would guess that those discussions could include commentary about one's attitude, personality, ability to get along etc and would those items be "personal" since they will be opinions and not necessarily always factual without bias. Is that discussion for "EVERYONE to hear??

Thanks
Joanne

I would have to disagree that candidates should be interviewed in ES. First, they would not be under contract, nor would they be compensated, so, I believe the interview process should occur in Open Session so others that do attend can hear what that candidate or candidate would do for that community. Do it in ES, then the cloak of secrecy remains.

In an association's normal election cycle, a candidate would submit a candidate statement or form and maybe a candidate pledge (if applicable) which in turn would be sent out to the members with their election package. They have a chance to see the candidate's statement. When you do it in ES, no candidate statement is provided, nor does the candidate speak to their potential appointment. The decision would be held in ES, BUT the ceremonial vote is in Open Session.

Just my opinion, but no thank you.

Kerry & Richard....thanks so much and this seems to be somewhat debatable because of the interpretation of the word personal and that could be put into a gray area. I guess for this group of board members......they will do what they want regardless. Got a call today from the PM assistant asking if I was going to accept a nomination for the vacancy. Had to point out to the PM assistant that she needed to read her email because she was already sent a copy of my note and was to send me some kind of "candidate form"...... the blind leading the blind.....not reassuring when you think of the money they are responsible for.
Joanne

To me, Richard, there are a lot of volunteers whose deportment, attitudes, behavior at open meetings, etc., could be cause for discussion in ES.

We have needed to, for instance, reprimand a committee chair for overstepping his authority. We also reprimanded a director a few years ago for swearing at an Owner who was called to a hearing. Would it be better to chastise otherwise worthwhile volunteers in front of H/Os at an open meeting? How would that benefit our HOA??? these are personnel matters and involve personal behavior.

Trying to figure out which of, say, two applicants to invite to fill a board vacancy has involved some very frank remarks among us directors about the applicants. The board, per our bylaws, has complete authority to select someone to fill a vacancy. We require that they complete a candidate's form but these are not published to the memberships because the H/Os will not vote on these replacements. Only the board will. The applicants are not interviewed by the Board at all for these vacancies. I suppose we would if a complete stranger, but thus far they all have been well known to us as most come up form committee service.

As noted above, we vote on the replacement in an open meeting.

At election time, we've tried holding "Candidates Nights," with candidates each giving statements and a Q&A period, but they've been very poorly attended.

One year, we had only one applicant for a resignation and she was completely unacceptable to a majority on the board. The majority decided to leave the position open as an election was only 4 months away (I disagreed).

We, Joanne, had a previous PM--with blessings of the then prez-- who also kind of "hid" meeting notices if contentious. Ick. But I assume residents have keys to the locked pool gate--just not as convenient as other public areas, right? Or can these notices even be read through the pool gate? Our notices of this type also go in a locked glass enclosed bulletin board in our mailrooms and on our web site.

WE do disagree, Richard. I see no good coming to my HOA for talking about a possible board appointee's negative and unhealthy behavior in front of our H/Os.

Do so so, and pretend that each possible appointee is "just fine," when one or more may not be, does NOT benefit my HOA. NO director will be completely forthcoming at a meeting where several or many more H/Os will attend.