2008/4/11, Michael Snow wikipedia@verizon.net:
Thomas Dalton wrote:
I guess it all depends on exactly what is meant by "disparaging". I expect the actual agreement was rather more precise than the title.
The difference between disparagement and legitimate criticism would need to be defined, yes, and Mike will be working on a formula to try and provide a little more clarity. In the meantime, with or without a non-disparagement agreement, board members still have a fiduciary obligation to always act in the best interests of the organization.
--Michael Snow
If such an agreement is needed, that saddens me very much, because it means things are going wrong within the foundation. People should be able to cooperate in a constructive manner, and should not need an agreement (if I understand it's purpose correctly) to be polite to each other and to the rest of the world.
I am wondering, why would you ever want to even have the possibility to sue someone over inpoliteness at all? On one side you have things (insults from a certain degree etc) that are not permitted by law anyway. No need to make a seperate agreement for that. On the other side you have things that are permitted by law, or in a grey area. Then you have two options: the majority of the board agrees it was bad to do, and can act, or the majority thinks it is "okey", and decides not to do anything here. An ultimate respond can be in any case to "fire" the board member from the board...
But, as the board and staff consist of grown ups who have good communication skills, it should be possible to work things out. Can someone clarify to me why this could not be the case in the Foundation?
BR, Lodewijk