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

[Paul Bame]

I think membership nonprofits (as opposed to non-membership
nonprofits which may call donors "members" -- probably including
most "NPR: stations) in most if not all states are bound to disclose
their membership lists to members for "proper" purposes.  The analog
is stockholder lists
for for-profit corporations.  In both cases disclosure enables
election oversight and intra-organization communication even if
that communication is not to the favor of management.

This is a place where membership nonprofit boards sometimes commit
illegal acts in order to "protect" members from "privacy invasions"
and attempts to "polarize" memberships.  Seen from the other side it
is heavy-handed boards who've committed questionable acts trying
to snuff out legally-sanctioned communication about those acts.


              -p

On 2015-01-27 13:56, dragon 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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