-----Original Message-----
From: K8JE <k8je@arrl.org>
To: 'Chris Imlay' <w3kd@aol.com>; ODV <arrl-odv@arrl.org>
Sent: Mon, Dec 7, 2009 3:31 pm
Subject: RE: Words to avoid

Chris,

You look better in the kilt!

I’m guessing that all of us knew it was inappropriate to get into a discussion of the reasons/actions behind Mr. X/Mrs. Y leaving ARRL employ. I recall seeing reasonably often that the departure was attributed to a resignation (certainly never to a firing). In fact, in my prior life, I have made such statements (with “legal’s” concurrence) in announcing a departure when this, in fact, was the case. Are you comfortable with using this wording – i.e., Mr. X resigned effective . . .? I realize not all attorneys may agree on the answer to this question, but it is your opinion that counts here.

Jim

Jim Weaver, K8JE, Director

ARRL Great Lakes Division

5065 Bethany Rd.

Mason, OH 45040

E-mail: k8je@arrl.org, Tel.: 513-459-1661

ARRL - The national association for Amateur Radio

From: Chris Imlay [mailto:w3kd@aol.com]
Sent: Monday, December 07, 2009 2:39 PM
To: k8je@arrl.org; arrl-odv@reflector.arrl.org
Subject: Re: Words to avoid

Well, Jim, let's try it without the kilt...this time, laddie. I should note at the outset that I am not an expert at labor law; Rick Roderick is; and he will, I am quite certain, tell us if any of the following is incorrect. Rick does not hesitate to correct folks when he discovers an error they have made. Or maybe that just applies to me. :-)

The premises of your e-mail are spot-on: ARRL's representatives cannot, consistent with their fiduciary obligation to the Corporation, make representations about staff departures, because to do so may affect the departed staff member, or be perceived to do so adversely, and thereby expose the Corporation to liability.

While Directors are entitled to information concerning staff departures if they ask, they should not disclose such infomation at all to third parties. While certainly a Director will feel awkward when asked what the circumstances surrounding a staff departure were, whether or not a person was fired, etc., a response to such a question is (a) inappropriate, and (b) unnecessary. It is inappropriate for the reasons stated above. It is unnecessary because members are simply not entitled to answers to such questions. They have no right to know the circumstances of a staff departure. Normally (and this applies pretty much across the board with organizations) when a person leaves an organization for any reason, the only information that is subject to disclosure is (a) the fact of the person's departure, e.g.: "X is no longer a member of the staff" and (b) the effective date of the person's departure. I think you will find if you call almost any company for references on a potential job hire of a former employee, you will be told that the only information that is available is when the person was hired and when the person left the employ of the employer. That would be the case regardless of the circumstances of the person's departure.

There is no reason why that is not a complete response to an inquiry from a member. If the member asks for the circumstances of the person's departure, the response from the Director should simply be that it is (1) inappropriate for the person to ask, and (2) it would be inappropriate for the Director to discuss. Both are true. So you should decline the opportunity to discuss it. If you want to minimize the risk of offending the inquring ham, you can of course omit poining out that it is inappropriate for the ham to ask. You should, however, say # (2) above and no more.

As a corollary to the above, I realize that the current topic of discussion on the ODV remailer is about whether all information to which Directors are entitled should be available to Vice Directors as well, if so, when. I don't want to stir up any hornet's nests here, but one issue about which there may be a line to be drawn between the two groups is with respect to staff departures. Directors are entitled to most information about staff departures if they ask. Vice Directors, not being members of the Board (See Article 4 of the Articles of Association and Bylaw 14), are not likewise entitled to such information. There could, therefore, be a delay in notifying Vice Directors about staff departures in some circumstances to a time after the Directors are notified, and there could be a difference in the information provided to Directors and that provided to Vice Directors.

Normally, however, no information about the circumstances of staff departures is appropriate for dissemination in written formats anyway.

Jim, for Directors, the key (I think) is to avoid any evaluative or qualitative remarks at all about a staff person's departure.

I hope this helps.

73, Chris W3KD

Christopher D. Imlay
Booth, Freret, Imlay & Tepper. P.C.
14356 Cape May Road
Silver Spring, Maryland 20904-6011
(301) 384-5525 telephone
(301) 384-6384 facsimile
W3KD@ARRL.ORG

-----Original Message-----
From: K8JE <k8je@arrl.org>
To: arrl-odv <arrl-odv@reflector.arrl.org>
Sent: Mon, Dec 7, 2009 1:23 pm
Subject: Words to avoid

As somewhat of a build on the OD/ODV discussion, I wonder if it would be

useful to ask Chris, W3KD to offer a few words of caution regarding what

Board members should or should not say in announcing a departure from staff?

I believe we all know such departures could result in unpleasant legal

action if handled improperly.  On the other hand, it can also be quite

awkward to have members contact me, for example, asking if it is true that

"so and so" was fired, is no longer with ARRL, etc. before HQ has released

the official notice.  I believe a dishonest answer to these questions would

be of no benefit to the director or the League.  Similarly, although one

could plead ignorance to the details of the situation, we look rather

ridiculous (or ignorant) if we plead we know nothing of the departure.

Knowing what type of words to avoid or to use when we are drawn into

discussion of such unwelcome situations would be helpful.  I think a few

minutes of Chris' eloquence (with or without kilt) would be useful.

FWIW.

Jim

Jim Weaver, K8JE, Director

ARRL Great Lakes Division

5065 Bethany Rd.

Mason, OH 45040

E-mail:  k8je@arrl.org, Tel.: 513-459-1661

ARRL - The national association for Amateur Radio