Community Trends - May 2025

would, rather than simply following the thoughts of other board members or utilizing a “group think” mentality. The Duty of Confidentiality Finally, the duty of confidentiality works in conjunction with all the other key fiduciary duties. It is a board member’s duty to maintain documents and information that they are privy to during their time as a board member in the strictest confidence, including without limitation anything that is discussed during an executive session of the board. This would include confidential litigation or collection strategy, contractual negotiations, personnel issues, and other discus sions of a private nature. Nothing a board member learns during their time serving on the board should be disclosed to anyone without (1) the prior authorization of the board as a whole and/or (2) until such time as the information is made public by the board to the community at large, if it is ever made public by the board to the community at large. Any information that a board member learns during their tenure on the board should not be used to advance any kind of personal or private interest. Additionally, a board member’s duty of confidentiality does not end at the conclu

“Additionally, a board member’s duty of confidentiality does not end at the conclusion of serving on the board.”

sion of serving on the board. Rather, a board member has a continuing and ongoing duty of confidentiality even after their term on the board is complete. While these fiduciary duties can seem daunting, under standing and maintaining these fiduciary duties is an import ant part of a board member’s service to the community. By embracing and adhering to these fiduciary duties, board members are not only bettering themselves as members of the board, but they are able to serve their communities in the most effective and proper manner possible. n

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MAY 2025