TammyC3 (New Mexico)
Posts: 102
Posts: 102
Posted:
New Mexico Association - 7 Board Members - 5 directors are new to the board and new to the HOA arena.
Our board is working toward correcting long standing board/association non-compliance issues. This has caused friction between new directors and long time directors. C'est la vie.
Board meeting scheduled w/accommodation (date & back up date) for out-of-state, long time director. Director advised board 10 days prior to meeting that she is unable to attend on either date and would like to reschedule for September's Annual Member Meeting.
Board *shakes head* & affirms to keep scheduled board meeting; director can participate by phone as done in the past. Surprisingly, the long time director was ultimately able to find the time, to drive 6 hours one way at the last minute, and attend the meeting in person. During the meeting, the long time director was using her cell phone to carry on ?? business?.
Within a week of the meeting, our Secretary received a request from the long time director for the meeting minutes. Secretary indicated that the long time director 'recorded the meeting' and does not understand the urgency in obtaining minutes.
During the following/next board meeting the long time director confirmed, when asked, that she had recorded the prior meeting. The 5 remaining members on the board, and present at the meeting, affirmed they were "unaware the meeting was being recorded."
My initial response: "You have a recording? Why didn't you send it to the Secretary to aid in creating the minutes?" The long time director advised the board that something went wrong and the recording is unavailable.
My initial action: Research: 'recording a meeting', 'cell phone use during meeting'. The long time director cited New Mexico Open Meeting Act in support of her actions:
https://www.nmag.gov/uploads/files/Publications/ComplianceGuides/Open%20Meetings%20Act%20Compliance%20Guide%202015.pdf
I have been unable to locate any other references that speak to recording meetings and cell phone use during a meeting. I am not convinced that 'public meetings' & 'public bodies' 'guidance' per referenced New Mexico OMA were intended to govern our HOA. Either way, the Act doesn't appear to support private calls or texts during the meeting. I am puzzled by the guidance on 'recording' a meeting. Before the board quotes anything, I want to be sure we are barking up the right tree, and we understand our obligations when/if recording a meeting.
Our outdated bylaws cite basic proper notice, member attendance @ board meetings and reflect verbiage found in HOA Act & NM corporation statutes, but they fail to address much else with respect to the New Mexico Open Meetings Act.
Where else can we look for guidance on 'properly' recording (any) meetings'.
If permissible, where can we find the protocols to follow?
Is private cell phone use for private conversations during a meeting just rude or is it a compliance issue?
I was leading the 'recorded' meeting. I'm new to agendas, motions & action items (but I've got "point of order" down!). I was minding the things in front of me. I did not see the recorder. I noted the cell phone use but my thought was "That seems inappropriate." I ignored it and continued with the agenda.
Note: During the meeting, the long time director reached over to the Secretary's papers and retrieved a document the Secretary was referencing as she spoke. The Secretary immediately (insert adjective) took the paper she was referencing back from the long time directors hand. Later, the long time director reached over to my side and 'retrieved' the printed statute that I was referencing while I spoke. I was farther away and could only state that the referenced statute I was reading was attached to the Agenda, and everyone should have received a copy from this month AND last month. *more head shaking*.
Guidance, kind reprimand and encouragement welcomed!
Tammy
Our board is working toward correcting long standing board/association non-compliance issues. This has caused friction between new directors and long time directors. C'est la vie.
Board meeting scheduled w/accommodation (date & back up date) for out-of-state, long time director. Director advised board 10 days prior to meeting that she is unable to attend on either date and would like to reschedule for September's Annual Member Meeting.
Board *shakes head* & affirms to keep scheduled board meeting; director can participate by phone as done in the past. Surprisingly, the long time director was ultimately able to find the time, to drive 6 hours one way at the last minute, and attend the meeting in person. During the meeting, the long time director was using her cell phone to carry on ?? business?.
Within a week of the meeting, our Secretary received a request from the long time director for the meeting minutes. Secretary indicated that the long time director 'recorded the meeting' and does not understand the urgency in obtaining minutes.
During the following/next board meeting the long time director confirmed, when asked, that she had recorded the prior meeting. The 5 remaining members on the board, and present at the meeting, affirmed they were "unaware the meeting was being recorded."
My initial response: "You have a recording? Why didn't you send it to the Secretary to aid in creating the minutes?" The long time director advised the board that something went wrong and the recording is unavailable.
My initial action: Research: 'recording a meeting', 'cell phone use during meeting'. The long time director cited New Mexico Open Meeting Act in support of her actions:
https://www.nmag.gov/uploads/files/Publications/ComplianceGuides/Open%20Meetings%20Act%20Compliance%20Guide%202015.pdf
I have been unable to locate any other references that speak to recording meetings and cell phone use during a meeting. I am not convinced that 'public meetings' & 'public bodies' 'guidance' per referenced New Mexico OMA were intended to govern our HOA. Either way, the Act doesn't appear to support private calls or texts during the meeting. I am puzzled by the guidance on 'recording' a meeting. Before the board quotes anything, I want to be sure we are barking up the right tree, and we understand our obligations when/if recording a meeting.
Our outdated bylaws cite basic proper notice, member attendance @ board meetings and reflect verbiage found in HOA Act & NM corporation statutes, but they fail to address much else with respect to the New Mexico Open Meetings Act.
Where else can we look for guidance on 'properly' recording (any) meetings'.
If permissible, where can we find the protocols to follow?
Is private cell phone use for private conversations during a meeting just rude or is it a compliance issue?
I was leading the 'recorded' meeting. I'm new to agendas, motions & action items (but I've got "point of order" down!). I was minding the things in front of me. I did not see the recorder. I noted the cell phone use but my thought was "That seems inappropriate." I ignored it and continued with the agenda.
Note: During the meeting, the long time director reached over to the Secretary's papers and retrieved a document the Secretary was referencing as she spoke. The Secretary immediately (insert adjective) took the paper she was referencing back from the long time directors hand. Later, the long time director reached over to my side and 'retrieved' the printed statute that I was referencing while I spoke. I was farther away and could only state that the referenced statute I was reading was attached to the Agenda, and everyone should have received a copy from this month AND last month. *more head shaking*.
Guidance, kind reprimand and encouragement welcomed!
Tammy