The following was included as part of a letter to the Editor of the Virginia Pilot:
"nonprofit boards, almost all of which require the signing of confidentiality and compliance agreements by members, with punitive measures taken for noncompliance."
This line gave me pause as I reflected on a) whether I have actually signed such agreements on the boards I have served and b) what type of punitive measures would be taken for noncompliance if I had. I for sure have signed conflict-of-interest agreements (a promise to disclose if/when) but confidentiality and compliance? Not so certain. And other than removal and MAYBE a law suit (not a healthy approach to resolving board issues), what types of punitive options does a board have?
This might be a good time to ask an attorney about both the necessity to have and the nature of a policy that informs these agreements and punitive measures. But one can start with this article by BoardEffect which provides guidance regarding a confidentiality policy (helpful starting point). Foraker Group also offers some wisdom on this subject of confidentiality.
But punitive measures for noncompliance - that's a whole other subject...