Board of Directors Employee Confidentiality

[Guest Vicki]

This board of directors went into executive session to complete the CEO performance evaluation, and mostly (4 members to be specific) talked negatively about a staff member whose supervisor is the CEO. They spoke about this staff being demoted in title and pay and accusations of this staff doing illegal activities. All untrue and unfounded. I am trying to find grievance information, as well as written information that a board of directors cannot do this, especially without the supervisor being present (supervisor was unaware they would be speaking of this) and informing the staff member, and the staff member not being present to defend themselves. It was defamation of character, slander, among other breech of employee rights for confidentiality. Looking for more information.

[J. J.]

So long as the person that they where talking about is not a member of the board, this violates no rule in RONR. 

Note that, in theory, defamation is not out of order, unless directed at a member. 

[Josh Martin]

On 2/2/2023 at 1:11 PM, Guest Vicki said:

This board of directors went into executive session to complete the CEO performance evaluation, and mostly (4 members to be specific) talked negatively about a staff member whose supervisor is the CEO. They spoke about this staff being demoted in title and pay and accusations of this staff doing illegal activities. All untrue and unfounded. I am trying to find grievance information, as well as written information that a board of directors cannot do this, especially without the supervisor being present (supervisor was unaware they would be speaking of this) and informing the staff member, and the staff member not being present to defend themselves. It was defamation of character, slander, among other breech of employee rights for confidentiality. Looking for more information.

There is nothing in RONR on this matter. This appears to be more of a legal question/employee relations question than a parliamentary one, and is therefore is beyond the scope of RONR and this forum.

RONR does generally speak about how discipline is in order for conduct "tending to injure the good name of the organization, disturb its well-being, or hamper it in its work" or for "neglect of duty in office or misconduct", but whether a particular situation constitutes such behavior is a judgment for the society to make.

If it is desired to discipline the board member, the society should first check its own bylaws (and possibly applicable law) to see if they say anything on this matter. If they are silent, see FAQ #20.