Legal Guidelines for Recording Board Meetings

Recording board meetings can streamline minutes creation and provide accurate documentation. However, nonprofits must follow legal requirements and best practices.

Is it Legal to Record Board Meetings?

Short answer: Yes, generally it is legal, but with important conditions:

Check Three Things First:

1. Your Organization's Bylaws

   • May require board approval
   • May prohibit recordings
   • May specify consent requirements

2. State Recording Laws

   • One-party consent states: One person (like the secretary) can record
   • Two-party consent states: All participants must consent
   • Check your state's specific requirements

3. Meeting Type

   • Regular board meetings: Generally can record
   • Executive sessions: Often require special permission
   • Committee meetings: Follow same rules as full board

Two-Party vs. One-Party Consent States

Two-Party Consent States (All Parties Must Agree):

California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, Washington

One-Party Consent States:

Most other U.S. states allow recording if one participant (such as the secretary) consents

Important: If your board includes members from different states (via video call), you must follow the strictest state law represented.

Best Practices for Recording Meetings

Before Recording:

1. Get Board Approval

   • Vote to allow recordings
   • Document decision in minutes
   • Update policies if needed

2. Provide Clear Notice

   • Tell all participants before the meeting
   • Include notice in meeting agenda
   • Get written consent when required

3. Establish Retention Policy

   • How long to keep recordings
   • Who has access
   • When recordings are destroyed

During Recording:

1. Announce the Recording

   • State at the beginning: "This meeting is being recorded"
   • Note recording in minutes
   • Allow anyone uncomfortable to object

2. Use Reliable Equipment

   • Test equipment before meetings
   • Have backup recording method
   • Ensure good audio quality

3. Note Recording in Minutes

   • "This meeting was recorded for minute-taking purposes"
   • Specify who has access to recording
   • Note when recording will be destroyed

After Recording:

1. Secure Storage

   • Store in secure, access-controlled location
   • Encrypt if stored digitally
   • Limit access to authorized personnel

2. Create Minutes Promptly

   • Use recording within 60 days
   • Meet contemporaneous documentation requirement
   • Don't delay because recording exists

3. Follow Retention Schedule

   • Keep for minimum 7 years (match Form 990 retention)
   • Or destroy after minutes are approved
   • Document destruction date

What About Zoom/Virtual Meetings?

Virtual meetings add complexity to recording requirements:

Zoom Features:

• Automatic recording notification to participants
• Consent acknowledgment features
• Local or cloud recording options

Best Practices:

• Enable waiting room to inform participants before joining
• Use Zoom's built-in consent features
• Record announcement that meeting is recorded
• Consider state laws of all remote participants

When NOT to Record

Consider avoiding recordings for:

• Executive sessions (personnel, legal matters)
• Sensitive negotiations
• Preliminary discussions
• When legal counsel advises against it
• If it creates discomfort that inhibits discussion

Recording vs. Transcription Services

Benefits of Professional Transcription:

• Complies with all recording laws
• No storage concerns
• Creates searchable text immediately
• Includes speaker identification
• Automatically formatted for minutes

Next Steps