[Kzyxtalk] KZYX_CA Code Analysis

[King Collins]

Dear KZYXtalk, and others,

I have received a second communique from The legal section of KZYX Members for Change, also known as "Doug's group." It claims to explain the legal relevance of the CA nonprofit code which was sent in the previous Communique #1. 
--king collins

Here is the text of the most recent communique: 

====Beginning of ltKXmfc Communique #2 ====

To All Dissenters:

In Communique #1, we issued the critical nonprofit code sections and recommended that all concerned read them. Attached below is the “responsibility” policy for board members, endorsed by the current and former board presidents (Eliane Herring and Bob Page).

The reader can decide if the policy is  correct or misguided

However we can say emphatically that nonprofit law supports inquiry by any individual director, and it is not legal to withhold information simply by labeling it “confidential.”

Any board member can decide to follow the Code, and make inquiries in many area without fear of legal repercussions (e.g., any board member can demand to see any record, which does not require a meeting of the board).  Individual board members in Mendocino County have brought charges in court when nonprofits have ignored this law, and they have won.  Another meaning to the law is that no board member can abdicate his or her individual responsibilities and still be a member of a board.  Especially on a membership elected board.

Confidentiality is not a legal defense.  If any member can look at the accounting for purposes of evaluating the current board's policies, how can such information be considered confidential?  Unlike the NSA, a nonprofit board can't avoid its disclosure responsibilities under the law just by calling something “confidential.”

====End of ltKXmfc Communique #2 ====

These communications are also available at
http://www.greenmac.com/







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