Destroy the evidence

drbbq

drbbq

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Anybody care to explain the portion of the KCBS agenda that I've pasted below?

It seems outrageous to me that the Executive Director and the President want to make sure there is no evidence of what happens in these secret meetings. I would think it's to everyone's advantage to have these recordings so there is a paper trail of these sensitive matters. I also think these recordings are part of the legacy of KCBS and it's archives and should always be kept.
Surely Carolyn can figure out a way to not "leave them laying about" without destroying them.

Candy Weaver - Please see the legal opinion following. Carolyn's questions were:

(1) should we be recording closed session at all?

(2) May we delete/destroy after the minutes are approved. Don't want to violate any sunshine laws or act improperly, but do not want discoverable issues on sensitive matters left laying about. Based on this opinion, I make the following motions:

MOTION: Candy Weaver - I move that the Accuconference recording of closed session meetings be discontinued and all past recordings of all KCBS meetings be discarded.

MOTION: Candy Weaver - Further, I moved that all future Accuconference recording of board meetings made be eliminated after the completion and posting of the MP3 recording of the meeting on kcbs.us.
 
This is my own opinion and does not reflect KCBS or the board of directors!

Ray, it's a business records keeping matter! Why have sensitive materials around? There's no corporate reason to keep them according to lawyers. You, as a former board member, should know what executive or closed sessions are made of! Whenever contractual matters or matters relating to individuals where names are named, it is discussed in closed session. That's the law, not a KCBS thing. Anything actionable after the closed session is done in open session and is a matter in the minutes (the official record) and on the MP3 recording.

Again, these are only my words and my opinions. Since I brought the issue to the board meeting tonight, I do know my reasons for doing so.
 
Thanks for the answer Candy but I still have a hard time understanding why you wouldn't want a legit record of what happens in these sessions. Sensitive records are stored all the time by big and small companies without a problem.
As Tony Stone always used to remind me there are three sides to every story. Yours, mine, and the truth. A recording can cut right to the truth if there is a disagreement at a later date.

And for the record, Executive Session was a rare thing in my day saved only for very serious matters.
 
Maybe it has something to do with the fact that issues are discussed in closed session that are never put on the agenda and non-board members are allowed in the executive sessions which I understand is supposed to be limited to board members only. Need to destroy the evidence.
 
Whether there is any impropriety going on or not. Destroying any records of any meetings (closed or open session) gives the impression of something going on that shouldn't be.

With all the problems KCBS has these days I can't imagine why anyone would think this would be an appropriate time to do this.
 
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It seems strange to me.

Whether to retain the documents/records or not is purely a corporate decision.

However, I would expect that decision to be made in the form of a records retention policy that would cover the time periods for which various types of records should be retained.

I assume that no such document currently exists, for if one did, I would reasonably expect it to already provide for the records discussed here, and if so I would expect that the motion would be to ammend the policy.

Given the above, it does . . .

1. raise my suspicion as to why this is an urgent matter now and not part of the establishment/implementation of an all encompassing records retention policy.

2. makes me wonder what sort of people are entrusted with the directorship of the KCBS that they may be concerned with something that they said being attrributed to them.

3. makes me wonder why something being subject to discovery would be an issue if everything was done with honesty and integrity. If everything is done with integrity records are also a good defense.

4. provide the opportunity for the current board to prove their integirty (or otherwise) with their vote.
 
Maybe it's because in the event of a lawsuit it may be necessary to subpoena those recordings and the participants don't want that to happen. The membership shouldn't allow KCBS to destroy records. The board represents the members.
 
This might be an appropriate thing to do (stop laughing, I can hear you, seriously....) however, considering the timing, the appearance of impropriety is far more damaging to the organization than (I would hope) any back room shenanigans. What bothers me more as a dues paying member is the expenditure of organization funds, time and effort trying to protect or in this case destroy records of secrecy and secret proceedings. Does the Board really have that much to hide?
 
I just can't help but wonder what on earth is so super secret in a BARBECUE MEMBERSHIP ORGANIZATION that must be destroyed before anyone finds out?!?! If people are worried about lawyers requesting this information my only response to that is WHAT ON EARTH IS A BARBECUE MEMBERSHIP ORGANIZATION DOING that must be destroyed before it can be found out?!?!
 
Yeah, you know how those corporate BBQ spies are. You leave sensitive materials out from a KCBS meeting, and next thing you know all those other BBQ organizations out there pounce on it.:roll:
 
"The very word ‘secrecy’ is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret societies, to secret oaths and secret proceedings. We decided long ago that the dangers of excessive and unwarranted concealment of pertinent facts far outweighed the dangers which are cited to justify it."
 
DivaHerself said:
"The very word ‘secrecy’ is repugnant in a free and open society; and we are as a people inherently and historically opposed to secret societies, to secret oaths and secret proceedings. We decided long ago that the dangers of excessive and unwarranted concealment of pertinent facts far outweighed the dangers which are cited to justify it."
Click to expand...

You forgot to Credit John F. Kennedy
 
drbbq said:
He's from Boston. He might have partied with the Kennedys.
Click to expand...

I know some Kennedy Relatives. I met Ted a couple times through my work about twelve or thirteen years ago. FYI the motion was tabled for future discussion.
 
I don;t understand why all the drama over a simple closed session. Closed sessions are normal procedure at almost every non profit BOD (of any type) that has employees and operated under legal standards. In addition most local governments in the US including Town Councils, Boards of Selectmen etc. hold closed session as well. There are many legal requirements and restrictions on what is and is not appropriate. Closed sessions are often used to discuss contract negotiations, employee issues, matters of litigation, matters of intellectual property and to discuss information that is proprietary in nature. I suggest the BOD not take advice from the internet but rather instruct the staff to request the KCBS corporate lawyer give a presentation explaining the use of closed session with emphasis on the business of KCBS. Never take legal advice form a lawyer you can't sue.
 
If the presentation is given during the open meeting and in the podcast then members that are unfamiliar with closed session will be educated and the rest...well...the internet is never happy. Then again no more employee privacy and no more employees. No more proprietory information then no private business and frequent loss of business do the inability to have formal business discussions that are not broadcast to your competitors.

We can't have a closed session to talk about the initial discussions between KCBS & the NFL so had to talk about it on the public recording of the contest. Within a week of the discussion being public "XXX" BBQ association approached the NFL and made a sweeter offer and our members lost the 2 million because the BOD couldn't have a formal discussion on the record but in closed session. Sorry members, the guys on the message board told us not more.

Final comment and then the beatings of my opinions may commence...IF the BOD are the people in the closed session and I do not trust what happens int he closed session does that mean I do not trust the BOD??? I know I trust the members I have met thus far.
 
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