Legal type question here.
Asked by
AGN (
532)
October 19th, 2013
I belong to a fire company and we have a lot of he said/ she said issues. We purchased a recorder for our meetings last year when I was secretary. I used it faithfully, transcribing the meetings at my leisure afterward.
Since someone else took over as secretary ( this person is best buds with the Chairman of the Board) the recorder has not been in use. In my mind, this means that the minutes of the meetings will be biased, with the secretary including only what she wants, or what she is told to include.
I made my own recording of the last meeting. Glad I did, because things got a little hairy and someone got ejected for simply disagreeing with the asst chief, and my recording is the only thing that proves his side of the story.
My question is this: Since recording the meeting was customary, did I do something illegal by making my own recording? It wasn’t until after the meeting that I discovered recordings were no longer part of the official minutes process.
Thanks for any advice.
P.S. This is in Pennsylvania.
Observing members:
0
Composing members:
0
6 Answers
I really doubt it’s illegal for a lot of reasons. If the meeting is open to the public, I don’t see why there would be any expectation of privacy.
You can probably google PA wiretapping laws to get an answer. What you did could be illegal, but it probably turns on both local law and details like what other expectations of privacy people at the meeting had. Did they know they were being recorded? Stuff like that.
It’s a good question, and my quick Google search turned up lots of links on it, including this on. Many comments point out that in the workplace, it’s best to talk with H.R.
One of the pages says: Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call.
Twelve states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
The secretary of the Board takes the minutes at the meeting but it is customary, if not mandatory, for minutes to be read, discussed and approved by the Board of Directors at the following meeting. This gives you the opportunity to CORRECT any inaccuracies and get the Board to agree on what has been said and determined. This is usually the first order of business at any meeting based on tradition, if not legal, requirements.
Assuming you are still a member of the Board of Directors, it is customary to circulate the proposed minutes some time before the next meeting so that you can see in advance what is contained and to be able to discuss them with intelligence and forethought. This is a common courtesy in many organizations.
You have to check the incorporation papers of the Fire Company and the By-Laws and see what they might require in terms of recording and preparation of minutes. Look especially at the job description and duties of the Secretary. You are going to find his/her responsibilities there as well as any requirements regarding taking of minutes.
You should also be able as a member of the company to inspect any minutes taken at prior meetings that have been approved. Your access should not be denied.
As to recording, the easiest way to do this is to put the tape recorder on the table, turn it on, and assume that no one objects. If anyone does, the Board will discuss the matter.See what happens. This however will not help your friendship, if it exists, with the current Chief and Secretary.
One other point, there is nothing keeping you from keeping your own set of minutes for comparison with the “official” minutes when the secretary reads them at the next meeting. If you are going to do this, make sure you get the wording of every motion, verbatim, that the Board votes on. Might prevent some misunderstanding in the future.
SRM
There may be some ethical problems in recording the discussions without the awareness and acceptance of all involved. I am not qualified to comment on whether your conduct breached any laws in you state or country.
Answer this question
This question is in the General Section. Responses must be helpful and on-topic.