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Disposition of Board and Committee Materials

  • 30 Mar 2012 2:01 PM
    Message # 872643
    Anonymous member (Administrator)
    1. Do you have a policy (informal or otherwise) to deal with the disposition of Board-Committee materials (including notes) by directors? 
    2. If so, what are the details re what directors are expected to do with their Board-Committee materials after meetings, what materials they can keep while on Board, retention period after cycle off Board, etc.
    3. What about directors cycling off the Board – do they sign an attestation to the effect that they have disposed of all materials in accordance with the ‘policy’?
    4. Has any board member ever challenged the approach of retaining Board-Committee materials after cycling off Board or deemed the need to hold such materials in case of subsequent legal action requiring access to directors/former directors notes and files?
  • 23 Apr 2012 8:48 AM
    Reply # 898780 on 872643
    Deleted user

    Our policy on Confidentiality of Board Deliberations and Board Authorized Spokespersons, includes the following:

    Board and Committee members will be provided with materials to inform participation in Board and committee deliberations. These confidential materials are provided to enable the governance of the Association and remain property of the Association. Materials may be provided directly to Board and Committee members through delivery of paper materials, electronic mail transmission, or by way of posting on the Association’s website for viewing or downloading. Board and Committee members are expected to maintain the confidentiality of these materials while in their custody and control.

    Board and Committee members will securely and permanently dispose of any and all materials provided to them in the course of their tenure.  Materials means documents, reports, presentations, and other printed and electronic resources provided by the Association.  Board and Committee members may return their materials to the Office of the Association’s President for secure disposition.

    Board and Committee members will normally securely dispose of their materials immediately following the meeting for which the material was provided.  Board and Committee members may leave their materials at the meeting site for secure disposal (e.g. shredding) by the Office of the Association’s President.  If Board and Committee members decide to take materials with them, the Board or Committee member will dispose of the materials in a manner that is complete, permanent and secure.

    The Chair of the Board and the Chairs of Committees may retain materials for reference for one year after the meeting date.  Those materials may also be returned to the Office of the Association’s President for disposal.  Chairs may also decide to dispose of those materials personally and will ensure such disposal is complete, permanent and secure.

    Board and Committee members shall ensure complete, permanent and secure disposal of all notes made throughout review and discussion of the materials.


    We do not require attestation that they have complied once they leave the Board.  We do have an annual declaration form that asks them to "confirm they have read" a specific short list of policies and confirm that they understand that they are bound to adhere to and respect these and other policies.

    I have not had any Board member question the policy or ask for legal advice about it. 


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