Do trustees have the right to review all corporate records?
A. Generally, yes. Every trustee or director is a fiduciary with the obligation to make decisions in the best interest of the organization and to prudently perform (or ensure the performance of) functions involving the reporting, filing and management of corporate documents. It would be inappropriate for the staff of a nonprofit to prevent the board from reviewing corporate documents, particularly because the board has the legal obligation to review all information necessary for the trustee to reach an informed, independent judgment and analyze issues prior to casting any vote. On the other hand, there are always some documents that are typically not shared with trustees, either because they relate to employees or to anonymous funders or other private issues, that individual board members should only review if they recognize their sensitivity and treat them confidentially. Board members who do not respect the confidentiality of sensitive corporate documents, including board agenda pack