The Nonprofit FAQ

Do board meetings or documents have to be public?

What if a group hostile to the organization wants to attend board meetings? Check your own state's incorporation statutes for its specific regulations concerning both membership and non-membership organizations. Most state's statutes are available on the World-Wide Web. Searching for a specific topic can be a challenge, though; one good starting point is http://www.prairienet.org/~scruffy/f.htm, which offers links to "sites containing full-text state constitutions, statutes (called codes or compiled laws in some states), legislation (bills, amendments and similar documents), session laws (bills that have become laws), and administrative rules." For a longer discussion of what must be, and what can be, made public by a nonprofit organization, see Donald Griesmann's article at http://www.nonprofits.org/npofaq/0/1505.html. Sometimes a grant or contract will require public participation in or public access to the planning and management of the supported program (or even of the entire agency receiving the funds). These sorts of requirements are rare, though; simply being the recipient of funds from a governmental source does not, in and of itself, lead to a general requirement that internal operations be made public. In general, it's a good idea for the organization's by-laws to state the policy regarding open or closed meetings; when the board and other decision-making groups are allowed to operate in "executive session" (when doing performance reviews or professional staff contract negotiations, e.g.) and other related issues. For a discussion of whether staff should attend board meetings, see http://www.nonprofits.org/npofaq/03/20.html. If the by-laws do not address this issue, they should say which guidelines for operations do apply; e.g., Roberts Rules of Order or other commonly-accepted, comprehensive guidelines. Lastly, of course, any organization wanting to maintain public confidence and support would be very foolish to be inconsistent in dealing with different groups who want access or to exclude people without a giving a forthright reason. For more discussion of by-laws, see the http://www.idealist.org/en/faqcat/5-5">Charter Documents section of the Nonprofit FAQ. Originally posted in the early '90s. Substantially revised 1/22/02; revised 2/11/05; 7/2/05 -- PB