If the board is choosing not to participate for a particular reason, or
Jimmy is choosing not to release e-mails for a particular reason, then they
should say so. Nothing keeps them from offering that information
themselves. It isn't necessary for other people to speculate on whether the
deafening silence from the board is justified by a non-disparagement
agreement or some other concern about personnel confidentiality.
If that's the case, and it seems unlikely those responsibilities would
prevent the release of any information at all, they could simply offer "We
understand people would like us to comment about issues X, Y and Z but we
can't for reasons A, B and C." Regardless, the board can speak on its own
behalf or not and spectators guessing on the motivations behind their
choices add no new information and certainly can't excuse the gap into
outer space that used to be filled by a person named Patricio.