Sounding like something out of a made-for-tv script, the story of the nonprofit Saving Promise and it's founder-exec likely can send chills down many execs and boards alike. How the chair even got to be chair or any other members board members is a mystery. Also, that the chair was able to become so powerful early-on is another mystery. And how funders merely stood by and watched is an equally puzzling and questionable reality.
Clearly there were deeply flawed process issues, roles and responsibility issues and just plain dysfunction within the organization. And the exec, largely a survivor of all that went on, is none the better for any of what she experienced but is carrying her battle to the public with a declared mission that nonprofit boards can and should do better. How this will end certainly remains to be seen.
Please read on and let me know your thinking. I will admit that, after reading this story, I am not 100% sold on L.Y.'s answer - changing the laws or reviews. Nonprofit boards can certainly do better but legislating the solve with little or no way to enforce can certainly have its own consequence - take Texas for example where citizens have the option and are the key players to enforce anti-abortion laws. So little wisdom in so many hands.
The dirty little secret of nonprofit boards and how one woman is using her story of multigenerational domestic violence to challenge/change the status quo.
Nonprofit organizations exist generally to serve the greater good with worthy objectives, but in many cases the degree of success with which they carry out their mission depends on the commitment and accountability of their boards. L.Y. Marlow, a leading advocate for intimate partner violence prevention, launched her nonprofit organization Saving Promise to end five generations of domestic violence that she experienced in her own family. The cycle began with her grandmother and ended with her granddaughter when L.Y.'s daughter live-in boyfriend tried to strangle and kill her for the second time while their six-month-old baby girl named Promise lay on the bed beside her. L.Y. decided that the cycle had to end there. She walked away from a 20+ year corporate career to launch Saving Promise with the objective of promoting awareness and preventing the dangers of intimate partner violence. What she did not anticipate was that she would be thwarted from achieving her objectives from within the organization.
Weeks after L.Y. had a disagreement with the Board Chair about the Board Chair's friend who had been hired as the COO, she was summoned to a meeting with the Board Chair and Secretary and told that the board had decided to dissolve Saving Promise, suspend operations and terminate her. As if that wasn't unethical enough, in exchange for severance pay the board also tried to force L.Y. to sign a Separation and Release of Claims Agreement that would prohibit her from suing and holding them accountable for their actions, leaving L.Y. with no choice but to hire attorneys to help her save Saving Promise. Before long, the board made additional demands before they would agree to resign at the recommendation of L.Y. 's attorneys, including trying to force her to maintain the employment of the Board Chair's friend and pay their legal fees. Today, in addition to speaking out against domestic violence, L.Y. Marlow has taken it upon herself to do something about the dysfunction and abuse of power that some nonprofit boards take for granted. She is seeking to challenge and change the lack of reform and regulatory mechanisms needed to hold nonprofit boards accountable.
After a thorough investigation, L.Y.'s attorneys found: "The vote to dissolve Saving Promise was done without the exercise of good judgment, with malicious intent, and without concern for the health of the organization as a whole. To date, we have seen nothing to show that the Board's actions were done ethically, responsibly, and in good judgment. The Board of Directors was not authorized to hold a special meeting without notice to all members of the Board. Therefore, the vote to dissolve Saving Promise was conducted in violation of Maryland Code § 2.409 and in violation of Saving Promise's bylaws. A fraction of the Board of Directors is not permitted to meet in secret, without prior notice, to vote on any matters pertaining to the organization – especially when the purpose of the meeting is to dissolve the organization or terminate its CEO. Additionally, the Directors who colluded to improperly dissolve Saving Promise severely underestimated, and showed a complete lack of understanding of, the corporate dissolution process for the state of Maryland. The Board's failure to support our client in her bold plans, and instead choosing to dissolve Saving Promise, demonstrate the Board's malicious intent and failure to exercise good judgment."
"Let me be clear, the board was empowered and had every right to make the decisions to dismiss me and dissolve the organization. That is not what I take issue with especially since I want nothing but what's best for Saving Promise and the community it serves. What's at question here is that the board's decision was deeply flawed when they secretly pursued these actions in a way that is inconsistent with our bylaws by excluding some board members and by not allowing open debate and a fair vote for a sound course of action. Simply put, members of the Saving Promise board of directors, with two notable exceptions, violated Maryland law and Saving Promise's bylaws by not acting in the best interest of the organization when they tried to unethically dissolve the organization and terminate me without cause. This was an abuse of power and caused me immense mental, emotional and physical distress exacerbating existing serious health problems. I was diagnosed with life-threatening health issues that attacked every part of my body (my brain, heart and autoimmune system) due to chronic stress triggered by years of trying to raise funds and sustain Saving Promise under untenable circumstances," said L.Y. Marlow. "A violation and abuse of power of this stature clearly demonstrates that there needs to be stricter governance and legislation for the accountability of nonprofit boards. It is high time that there is a change in this sorry state of affairs."
For example, a Harvard Business Review Study found that 42% of nonprofit boards did not have an audit committee and 69% of them had experienced at least one serious governance issue. In a Stanford Social Innovation Review article entitled "Spotting and Fixing Dysfunctional Nonprofit Boards," the author wrote: "Healthy boards of directors can magnify mission-driven organizations' positive impact on social progress, but they are more of an exception than a norm." Common issues that have been cited include the low level of engagement of board members and failure to understand fiduciary duties.
Nonprofit organizations can be a force for the greater good only when they are run with a high degree of integrity and accountability and are held to the highest standards of their fiduciary duty of care. To not honor this code of ethics poses an infraction on the nonprofit, smears the integrity of nonprofit boards that do abide by good governance, and harms community stakeholders such as donors and volunteers who give generously of their time, funds and resources to support nonprofits. When nonprofit boards act carelessly or irresponsibly, community stakeholders' contributions are often misappropriated, which counters the greater good nonprofits set out to do to make our world a better place.
L.Y. Marlow's family story of domestic violence began with her grandmother, who experienced unimaginable abuse at the hands of L.Y.'s grandfather, including witnessing her husband force their 3-year-old son to eat a dead rat as punishment for wetting the bed. Her mother experienced extensive violence at her father's hands, resulting in life-threatening lung injuries that contributed to her death years later. At 17, L.Y. was badly beaten by her boyfriend when she was eight months pregnant with their daughter, giving her the courage to escape that abusive relationship for the sake of her daughter. Desperate to break the cycle of abuse, she decided that education was the best way out. She went to night school for 16 years to earn three degrees including an MBA and built a corporate career, eventually working for leading companies like IBM, Price Waterhouse Coopers and Discovery Channel. It was this career that she gave up dedicating her life to Saving Promise.
According to L.Y. Marlow, while a lot of attention is given to other issues that affect women, like breast cancer and heart disease, the silent epidemic of intimate partner violence is largely ignored. In the United States, 1 in 3 women and 1 in 4 men have experienced some form of physical violence by an intimate partner. Every day, over 20,000 calls are placed to domestic violence hotlines.
Saving Promise's mission is focused on four core objectives: research, public education, prevention, and community mobilization.
To carry out its research initiatives, Saving Promise has partnered with prestigious institutions such as Harvard T.H. Chan School of Public Health.
Saving Promise's public education program called 'Between Us' offers training to workplaces, health care providers, organizations and schools serving youth and young adults, and other sectors to educate them about domestic violence and techniques on how to intervene and prevent it. For example, in many cases domestic violence leads to physical injuries and health care providers are often the first non-family member a survivor turns to for help. Health care providers can play a significant, unique role in the screening, assessment, and intervention of domestic violence.
Friends of Promise, another Saving Promise program, takes a grassroots approach by mobilizing, educating and equipping grassroots communities with the tools and resources they need to become part of a wider public awareness initiative.
Concluded L. Y. Marlow, "Despite this disheartening and traumatic experience, I've gone public with this because to remain silent about what has happened to Saving Promise and is happening to countless nonprofits around the globe not only feels complicit in this dysfunction but violates the most important code of ethics: To do good and to do what's right. Therefore, I will continue to be committed to the good work that God has placed on my heart to ensure that little girls and boys like my granddaughter, Promise, are given the opportunity to live safe, healthy, and happier lives for generations to come."
Click here to learn about L.Y. Marlow's petition to secure 100K signatures to ask Congress to enforce stiffer governance and legislation for nonprofit boards.
About Saving Promise:
Established in 2007, Saving Promise brings people together from all walks of life to prevent intimate partner violence and create a safer world for future generations.
Media Contact
Name: L.Y. Marlow
Email: [email protected]