Confidentiality of Employee Files

[Guest John]

We are a lodge system. The board of directors took disciplinary action against a full-time employee. The action was discussed and voted on in executive session. Now some of the membership are demanding to know the action taken. The board is holding firm to the fact that employee-employer actions are confidential and releasing the information to the general membership, even in an executive session with the members present, would subject the club to potential lawsuit for disclosing confidential employee information.

Is the board correct to withhold the information or should it disclose the actions taken?

Thank you

[Josh Martin]

We are a lodge system. The board of directors took disciplinary action against a full-time employee. The action was discussed and voted on in executive session. Now some of the membership are demanding to know the action taken. The board is holding firm to the fact that employee-employer actions are confidential and releasing the information to the general membership, even in an executive session with the members present, would subject the club to potential lawsuit for disclosing confidential employee information.

Is the board correct to withhold the information or should it disclose the actions taken?

 

So far as RONR is concerned, it is at the board's discretion whether to release the information, unless the membership orders that this information be disclosed. The membership could order the board to read the minutes of that meeting (which would include the action taken) at a meeting of the general membership, and it would be advisable to do this in executive session. This requires a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice. RONR takes no position on whether the information should be disclosed to the membership.

 

Whether the board is correct as a matter of applicable law that "employee-employer actions are confidential and releasing the information to the general membership, even in an executive session with the members present, would subject the club to potential lawsuit" is a question for a lawyer.

[jstackpo]

And you'll find the bit about "reading the board minutes" on p. 487.

 

Which is a very good reason to keep the Board minutes to an absolute minimum  --  what was done, not what was said.