Tuesday, August 25, 2009

Reader Question: Personnel issues at board meeting

I work for a small non-profit for over 5 years. We have an Executive Director and three staff. In the past we have been sponsored by other 501c3's and fell under their board of directors. As of this year, we have our own 501c3 and a new Board of Directors, 6 people who have never served on an active board. Our Exec. dir. has had some experience with Boards but not enough to guide them as to what they should do.

That's the background....now here is the problem. The Exec. Dir. recently at a Board Meeting brought up personnel issues and in the notes first and last names given. (Is this a problem with confidentiality?) Also, the problems stated were untrue or misrepresented. Neither person has had a previous conversation with the director either before or after this was discussed with the board. What should be done?

First, I am not an employment lawyer, so I do not know the law surrounding confidentiality.

Now with that being said, the Executive Director can definitely (at least in my experience) bring up personnel issues and state specific names and issues at board meetings. In fact, many do when looking for guidance on issues. Particularly in small nonprofits. With that being said, those names are NOT typically published in the minutes, nor are the specific details. Typically the minutes will say something like "Staff issues discussed." or something along those lines.

I would advise the staff who feel wronged to do two things. First, I would talk to the ED about having the specific names and issues removed from the meeting minutes. Instead, I would request similar wording to what I suggested above. Second, you have the right to talk to the board or board members. Many nonprofits have a grievance policy that advises staff what to do in the case of a grievance with the ED (typically involves going to the board). Since I don't know the specifics about the issues, I'm not sure what the best course of action here is. Since you found out via the meeting notes/minutes, you definitely have the right to contact the board members and note you would like to provide additional information to what you saw in the minutes.

Have your own question? Email me - kristen@advancementcompany.com