#805: May I serve on a shul board with irreligious members?
The Rama (16th century primary commentary on the Shulchan Aruch) states that those who are "memunim al hatzibur" (appointed to community leadership) are likened to members of a Beis Din (Rabbinical court). One of the exclusions for such positions is someone who is passul machmas rish'ah (disqualified due to sinful behaviors); those who are involved in tzorchei tzibbur ([administrative] community concerns) and tzorchai rabim (the [practical] needs of many people) must therefore be shomrei Torah u'mitzvos (Torah-law observant). This rule includes members of a kehillah (community) board who deal with communal and financial matters, including shul leadership.
(In addition, there may be a stay on those governing the community and are involved in the distribution of public funds, when they don’t agree with communal religious standards—as an issue of lo sasim damim b’veisechah—do not bring danger into your home—by submitting the entire community to a situation where their spiritual welfare is at risk.)
In a previous time, when the maskilim (18th century Jewish “Enlightenment” movement) were gaining momentum, this was a serious issue addressed by the Rabbanim in Germany. They fought long and hard, often quoting this halachah, to hinder the non-religious activists who wanted to take ownership of the assets of the kehillah and increase their influence through membership on the communal boards.
There are many cases in current times of shul boards that include irreligious people in seeming conflict with this halachah. This, in turn, creates an issue for shomrei Torah u’mitzvos to join such a board. A person who finds themselves in such a position should consult a rav as to their options.
It should be noted that there are certain leniencies when the board is set up by term elections (in contrast to those that are life appointments), especially b’dieved (post-facto, i.e. the board is a functioning membership and not being elected for the first time.) In such a situation, it must be ensured that community policy and assets are protected in accordance with Torah values.