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

[Phil Tymon]

I think we¹ve been through this discussion before.

Keep the legal distinction between ³member² and ³donor² in mind.

In most cases, as far as I can tell, state law that refers to a ³member² is
referring to a voting member‹ i.e. someone who has voting rights in your
corporation.

As far as I know, the vast majority of community and public radio stations
do not give ³donors² voting rights. Therefore, they are NOT members, in the
legal sense.

(The fact that we often call them ³members² in general parlance has no legal
effect.)

If that is incorrect, perhaps someone can let me know.

Philip Tymon

Guerneville, CA

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On 1/27/15, 10:56 AM, "dragon" <tfishwall at gmail.com> wrote:

> The non-profit laws in the state of Wisconsin for charitable
> organizations, require that the member list be made available to anyone
> who asks... it is considered public information. You do not, however
> have to make them a copy or look up an individual. You just need to make
> the list available and let them take any notes that they wish. Donors
> that don't want their info to be made available, need to make an
> anonymous donation and hence do not get a donation receipt for tax
> purposes.
> 
> Perhaps Norm, has more info but this is what is in the statutes unless
> there is case law that contradicts it. I am not sure how the CPB deals
> with the situation. I have never heard or seen a CPB station, like
> Wisconsin Public Radio, announce that your info will be publicly
> available and it is not in their donor packet that they send you when
> you make a pledge. Perhaps they get around it because it is the state
> law, so everyone "should" know it?
> 
> Interestingly local non-profit here had an issue with it during an
> election season a few years back. The person that raised a stink was a
> state politician... didn't even know the law ;)
> 
> The big thing to take away is that you need to know the rules in YOUR state.
> 
> Todd
> 
> 
> 
> 
> On 01/27/2015 12:34 PM, Jama wrote:
>>  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
>>  
>>  
>>  
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>>  
> 
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