Censureship

[Guest Julie Winslow]

Our board majority recently revised the "bylaws" (a few months ago) to include:  "Individual Board members or the Board may receive complaints.  The following action should be taken in such cases:   1.  Suggest the complainant seed a remedy from the proper college official (i.e. Facuty member, Dean, Vice President, Associate Vice President of Human Resources).  2.  Submit the complaint to the President, preferably in writing, to allow facilitation of approved (??) complaint and grievance policies and process.  3.  Complaints regarding the President should be submitted to the Board Chair.  4:  The college's approved policies and process will guide action the Board may take."

As a trustee, I  recently received an email from a consituent making me aware of a situation.  She asked for no help nor did I take it as a complaint, but rather letting me know what her situation was and giving me step by step details on how she planned to handle it, including notiying the president and the appropriate deans.  I do not violate confidences for ANYONE.  Someone give me an opinion on this?  I did not notify the president because (1 the constituent emailed me thru the college 2) the college president has directed some trustees are not allowed to receive emails to them unless she and only 3 other members deem it necessary 3) I do not violate confidences.

[Josh Martin]

On 12/11/2022 at 8:25 PM, Guest Julie Winslow said:

Our board majority recently revised the "bylaws" (a few months ago) to include:  "Individual Board members or the Board may receive complaints.  The following action should be taken in such cases:   1.  Suggest the complainant seed a remedy from the proper college official (i.e. Facuty member, Dean, Vice President, Associate Vice President of Human Resources).  2.  Submit the complaint to the President, preferably in writing, to allow facilitation of approved (??) complaint and grievance policies and process.  3.  Complaints regarding the President should be submitted to the Board Chair.  4:  The college's approved policies and process will guide action the Board may take."

As a trustee, I  recently received an email from a consituent making me aware of a situation.  She asked for no help nor did I take it as a complaint, but rather letting me know what her situation was and giving me step by step details on how she planned to handle it, including notiying the president and the appropriate deans.  I do not violate confidences for ANYONE.  Someone give me an opinion on this?  I did not notify the president because (1 the constituent emailed me thru the college 2) the college president has directed some trustees are not allowed to receive emails to them unless she and only 3 other members deem it necessary 3) I do not violate confidences.

I don't think we can be of any assistance in this regard. This question is entirely related to the interpretation of the customized rule in your organization's bylaws. It will be up to your organization to determine whether the email in question constitutes a "complaint" in the meaning of this rule and, if so, whether the procedure was properly followed.

[Gary Novosielski]

Agreeing with @Josh Martin, your customized rules go far afield from the discipline procedures in RONR, so you're more or less on your own.  In fact, if the rules in RONR apply, boards are not even empowered to amend the bylaws in the first place.  

[Josh Martin]

On 12/14/2022 at 11:33 PM, Gary Novosielski said:

In fact, if the rules in RONR apply, boards are not even empowered to amend the bylaws in the first place.  

Well, that depends.

"The executive board of an organized society operates under the society's bylaws, the society's parliamentary authority, and any special rules of order or standing rules of the society which may be applicable to it. Such a board may adopt its own special rules of order or standing rules only to the extent that such rules do not conflict with any of the rules of the society listed above... A board that is not a part of a society can adopt its own rules, provided that they do not conflict with anything in the legal instrument under which the board is constituted." RONR (12th ed.) 49:15

This appears to be a Board of Trustees for some sort of educational institution. Such boards quite frequently are not part of a larger society with a general membership.

Edited December 15, 2022 at 06:44 PM by Josh Martin