[grc] Your Membership List - when a member requests it

[Jama]

Hello GRC list folks!   This discussion began on the NFCB listserve, and someone forwarded it to me, asking about the issue.  Someone has said that she will forward this email to the NFCB list this morning.  

It's about member(s) of a station requesting use of the members' mailing list, and whether providing that list would violate CPB rules.  This is relevant to all CPB-funded stations in California, and in other states with similar laws protecting the right of members of nonprofits to communicate with each other about the organization. 


CPB Certification Requirements quote the Communications Act: 

"Funds may not be distributed under this subsection to any public broadcasting entity that directly or indirectly... 
(B) discloses contributor or donor names, or other personally identifiable information, to any nonaffiliated third party unless..."  [unless the donors are informed that the data will be made available, and informed about how they can keep theirs private if they so desire.]

Key word in this discussion:  "nonaffiliated."  Members of the organization are definitely "affiliated," so this would not apply to them. 

This is from http://www.cpb.org/stations/certification/cpb_certification_req.pdf -- down on page 23. 



The California Corporations Code, nonprofit section, addresses this -- 

It does give members the right to use the members' mailing list "for a purpose reasonably related to the person's interest as a member," OR, the organization can provide an equivalent method of communicating with the other members -- such as including the member's communique in an upcoming newsletter - clearly an advantageous option that protects the privacy of member data.  If the mailing list is to be given out, the requesting member's purpose must be stated, and the organization could contest that request in court if the purpose doesn't qualify.  The organization can also charge a reasonable amount for the list.

Here's the URL for that one:  http://codes.lp.findlaw.com/cacode/CORP/1/1/d2/2/13/3/s6330



I hope those citations are helpful.  Does anyone have other info or issues to add? 

Also, I know that democracy can be a messy process, and many groups have chosen to not have a membership to avoid that messiness.  But sometimes that leaves no pathway out of certain kinds of problems.  KMUD has stuck with the democratic process, and so far, everyone has survived it.  :)

Jama Chaplin -- NOT an attorney!
KMUD 
Garberville, California