01-07-2015, 10:07 AM
quote:
Originally posted by shockwave rider
That is standard procedure for executive sessions, the board has to convene an open meeting to then have a motion and second to go into executive session, then reconvene afterwards. Usually the minutes show when the board goes into and comes out of executive session and what motions were made and carried, but not the discussions that took place. If the HPPOA is hiring a new GM this would be the proper way to do it. If they hire one of their own for that position any qualified person who was not hired could have a case that the process was not fair, and that the person hired had access to insider information not available to all the candidates, especially if that person had been involved with either the hiring committee or drawing up the job description.
Executive sessions are only allowed for very limited reasons, usually personnel issues which would be a violation of the employee's privacy to discuss in open meetings, or sometimes when discussing bids for contracts if proprietary information is involved. This is why various board members getting up there at the general membership meeting and detailing their version of why people were fired put the entire organization at risk of a lawsuit. You can fire people for just about any reason, or no reason, in Hawaii, but you still have to obey the law on employee confidentiality and due process, or be liable for damages.
And all that defamation has been recorded on video and noted. It will be used in the plaintiffs case against the Association (for letting it happen) and each defendant for violating an employees right to confidentiality. I'm told by one of the terminated employees that the treasurer has the most accounts against them, she was way out of line.