Two of our board members resigned. The president advertised the
openings and held an executive meeting to interview applicants. Is this
on any level legal?
: It is probably legal. Interviewing board candidates may not exactly fall into one of the categories of executive session
topics but it most closely fits the "personnel" exception.
Appointments and elections are similar. In elections the membership
selects directors they believe will best represent their interests.
During the election process candidates can meet individually and
privately with members or they can meet in group settings that may be
open or closed. When it comes to board appointments, directors have the
right to interview and select someone they believe will be compatible
with fellow directors and best represent the interests of the
association. I believe the interviews can either be open or closed at
the board's discretion.
. Even though the interviews
may be done in executive session, the vote to fill the empty seat
should be done in open session. A good argument can be made that that
voting for the candidate in executive session is part of the "hiring"
process but I'm not convinced. Other than a dissenting director wanting
to grandstand for an audience, there is no compelling reason to take the
vote in executive session.
: Associations needing legal assistance can contact us
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