Ruidoso, NM asked in Civil Litigation and Business Law for New Mexico

Q: If members must be allowed to attend Directors meetings, can they be denied access to any information that is discussed?

1 Lawyer Answer
James L. Arrasmith
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A: In New Mexico, the rules governing the attendance of members at directors' meetings and their access to information discussed therein depend on the specific bylaws of the organization and applicable state laws. Generally, members of an organization have a right to attend directors' meetings, especially if this is stipulated in the bylaws or in state statutes.

However, there may be certain limitations on the access to all information discussed in these meetings. This is particularly true for sensitive or confidential matters, such as legal issues, personnel matters, or financial information that is not meant for public disclosure. The directors may have the authority to go into a closed session or executive session to discuss these topics, from which members could be excluded.

It's also important to consider that even if members are allowed to attend meetings, they might not have the same rights as directors, such as the right to vote on decisions or access all documents and records. The level of access can vary based on the organization's rules and the nature of the information.

If you're unsure about the specific rights and limitations in your situation, it would be advisable to review the organization's bylaws and consult with an attorney who has experience in civil litigation and corporate governance. They can provide guidance based on the specific circumstances of your organization and ensure that the conduct of the meetings complies with the relevant laws and bylaws.

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