Legality of board motions not being implemented

[Guest Curious employee]

In 2017 performance goals were established for 2018 and approved by board of directors. In October 2019 board of directors passed bonuses to to awarded on a 70% of performance agreement to be paid prior to end of 2018. Executive director has now decided he is not going to agree to pay out bonuses for any staff. Is this legal? Should the board be made aware of this situation? Is there anything to be done to get bonuses awarded? 

[Richard Brown]

Assuming that the executive director is obligated to carry out the directives of the board, and assuming the executive director can be terminated for cause, it seems to me that the board has to decide what, if any, remedial or disciplinary action it wants to take against the executive director.  This is actually more a matter of employer-employee relations and contract law than it is parliamentary procedure.

Note:  your dates make your post hard to follow.  Goals were established in 2017 for the year 2018, right?  Then, in 2019, the board decided how much to pay retroactively to 2018?   But, if we are in 2019, how can those bonuses be paid prior to the end of 2018?  Perhaps the amount of the bonuses were decided upon in 2019 for the year 2018, but were to be paid by the end of 2019?  I really don't follow that portion of your post.

Edited to add:  As to how to get the bonuses paid, the board can either direct the executive director to pay them or, I would think, can direct the treasurer or someone else with check writing privileges to pay them.

Edited December 3, 2019 at 04:35 AM by Richard Brown
Added last paragraph

[Guest Curious employee]

This helps a great deal. Thank you!

Note:  your dates make your post hard to follow.  Goals were established in 2017 for the year 2018, right?  Correct Then, in 2019, the board decided how much to pay retroactively to 2018?   Yes But, if we are in 2019, how can those bonuses be paid prior to the end of 2018?  Should be end of 2019 Perhaps the amount of the bonuses were decided upon in 2019 for the year 2018, but were to be paid by the end of 2019?  I really don't follow that portion of your post.