Newsletters for the Twin River Ranch Property Owners Association

White Bird Area Recreational District (school), 315 River Street, White Bird ID 83554

This is a reminder regarding the current construction of a new TRR POA website. Members with email addresses on file with the Association will be receiving registration invitations soon. The new website has not yet gone fully live, but some portions are viewable through your registration invitation.

If you need to communicate regarding the website, please contact:

twinriverranchpoa+website@gmail.com

Dear Association Members,

Recently there has been a lot of speculation and rumors about a Lawsuit or Demand letter from some members of the association to the Board. The letters, posting and conversations that the board has become aware of are full of misleading information, half-truths and speculation. That beings said, there is also some validity and truth in there as well.

The Board would like to inform the association members to the best of our ability without compromising any fact finding endeavors or legal conversations that we might currently be engaged in.

Fact:
The Board of directors did receive a letter from an attorney representing specific association members. This letter had certain requests for additional information. At this point we, the Board, have referred the matter to our Legal Counsel. He has asked that we provide additional information so that he can provide legal recommendations for a response to the letter.

We would ask that everyone respect the fact that we cannot release additional information until we have a recommendation from our legal counsel. When and if we are able to divulge more information, we will do so promptly to keep everyone updated.

Thank you,
Twin River Ranch Board

As the parliamentarian officer, I want to take a moment to explain what an “Executive Session of the Board of Directors” is and why it’s an important mechanism the board can use in specific situations.

In my short time on the Board, we have utilized executive sessions a number of times. After these sessions, members have expressed to me—both directly and indirectly—that these sessions concern them. They believe that executive sessions may be used to conduct nefarious business or to hide information from the membership. While I understand and appreciate these concerns (anything done in private can raise eyebrows), as the Board’s parliamentarian officer (i.e., the person with expertise in meeting procedure), I’d like to provide some insight into why these sessions are necessary.

In Idaho, as well as in many other states, an executive session of a board is a private meeting where only board members or advisors are allowed to attend. Executive sessions are essential for discussing sensitive matters confidentially, away from public scrutiny, and they allow the board to deliberate on topics that require privacy for legal, ethical, or operational reasons. These sessions are critical for maintaining trust and ensuring compliance with Idaho’s Open Meeting Law, which permits executive sessions under specific conditions.

Not every topic warrants an executive session (e.g., an executive session cannot be used to make decisions that should be accessible to membership). The law provides that an executive session is appropriate for the following (non-exhaustive list of) reasons:

1. Personnel Matters – Personnel matters cover a wide range of situations. For example, sometimes an association member’s actions need to be discussed if they’re doing something contrary to the CC&Rs (Covenants, Conditions & Restrictions), perhaps, unintentionally. To avoid exposing them to public scrutiny or embarrassment, the Board may initially address the matter privately.

2. Legal Counsel Discussions – Receiving advice or discussing pending litigation or potential legal action. This is particularly important: the board is composed of elected and (in certain circumstances) appointed individuals who represent the collective interests of all association members. Sometimes this requires consulting with legal counsel. Conversations with legal counsel benefit from confidentiality in the form of attorney-client privilege, which can be lost if the advice is discussed publicly. Rest assured, a legal matter, once fully vetted by the board, will be disclosed to the membership. However, in the beginning, when sensitivity is high and confidentiality paramount, discussing these matters in an executive session is critical.

3. Public Security – Discussing security-related matters, including protocols that could be compromised by public disclosure. For example, if Landowner One is accused of an action that impacts Landowner Two (within the board’s jurisdiction to investigate or enforce), the board follows a “presumed innocent until proven guilty” philosophy. To prevent rumors and unnecessary public scrutiny, the board might first address the matter in an executive session to (1) investigate the situation, (2) speak to the involved parties to gather facts, and (3) decide on a course of action. This process allows the board to make well-informed decisions without prematurely involving the membership.

In summary, what is an executive session? It’s a part of a board meeting where, under specific circumstances, the board can discuss particular topics in private. This provides the board the opportunity to discuss sensitive matters and gather accurate information so it can make informed decisions in the membership’s best interest. What an executive session is not: a secret meeting where the board can discuss whatever it wants in private or act with a hidden agenda.

Each board member has a fiduciary duty to the membership to be transparent and make decisions that benefit the association. Using an executive session for any reason other than those specified above would be a breach of that duty and would likely lead to the removal of any member misusing the executive session.