Sec. 10.25.175. Board meetings open; exceptions; notice; remedy.

366 words·~2 min read·/ak/title-10/chapter-25/10-25-175

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A meeting of the board of directors may be attended by members of the cooperative. Except when voice votes are authorized, a vote shall be conducted in such a manner that the members may know the vote of each person entitled to vote. The board of directors may conduct a meeting by teleconference, or another means of communication that ensures all participating directors can hear each other during the meeting, if the board gives reasonable notice of the meeting and if members of the cooperative are able to attend the meeting sites and hear the meeting. This section applies only to a meeting at which a quorum of the board participates.

(b)If excepted subjects are to be discussed at a meeting, the meeting must first be convened as a regular or special meeting and the question of holding an executive session to discuss matters that come within the exceptions contained in

(c)of this section shall be determined by a majority vote of the board. No subjects may be considered at the executive session except those mentioned in the motion calling for the executive session unless auxiliary to the main question. Formal action may not be taken during the executive session.

(c)The following excepted subjects may be discussed in an executive session:

(1)matters the immediate knowledge of which would clearly have an adverse effect on the finances of the cooperative;

(2)subjects that tend to prejudice the reputation and character of a person; however, the person may request a public discussion;

(3)matters discussed with an attorney for the cooperative, the immediate knowledge of which could have an adverse effect on the legal position of the cooperative;

(4)personnel matters.

(d)Notice shall be given for all regular or special meetings of the board of directors as provided in the bylaws of the cooperative.

(e)A member affected by action taken contrary to this section may bring a suit in the superior court. The court may order appropriate equitable relief after considering the circumstances of the case. Action taken contrary to this section is not void if other equitable relief is available and appropriate.