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

[dragon]

Ahhh... that could be a distinction in WI law as well. The station I was
at, at the time gave voting rights to all donors, which of course they
called members, so I was reading the law from that perspective.

I would have to go back and look at the statutes to clarify though... I
will leave that up to the reader.

-Todd


On 01/27/2015 01:44 PM, Paul Bame wrote:
> 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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>>> grc at maillist.peak.org
>>> http://maillist.peak.org/mailman/listinfo/grc
>>>
> 
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