[Foundation-l] Future board meeting (5-7 april 08)

[Delirium]

Erik Moeller wrote:
> Additionally, and in consideration of
> Employee's covenants in
> this agreement, no directory senior officer of Employer or member of
> the Board of Trustees
> of the Employer will, during the same time period, personally
> criticize, ridicule or make any
> statement that personally disparages or is derogatory of employee.
> - end quote -
>
> I think that's a reasonable definition. I'm sure it could be improved
> further. But we should not excuse malicious attacks as a "free speech
> issue". They are not; they are simply inappropriate behavior that
> nobody associated with the organization should engage in. Furthermore,
> as has been pointed out, this agreement works both ways; it protects
> both parties to it.
>   

The language you quoted doesn't even remotely restrict itself to 
"malicious attacks", though: "personally criticize" covers a much 
broader range of things, as does a prohibition on comments that are 
"derogatory". Legitimate criticism aired in a calm and constructive 
manner of the wrongdoings of a board member or employee would consitute 
"personally criticizing" them, though not "maliciously attacking" them.

If it were narrowed to say something more like: "no [blah blah]...will, 
during the same time period, maliciously attack, personally ridicule or 
make any statement that personally disparages employee", that would be 
more like the summary you gave.

-Mark