A part of a Board’s responsibility is to make sure that its entity is complying with the law. The Board may decide that professionals should be retained like lawyers, accountants, managers to give advice on how to comply with the laws and in some cases to assist in compliance, but the ultimate responsibility remains on the Board which oversees the entity. If the entity is not complying with the law then the Board has to make sure that that is changed.
But what happens if the Board looks the other way. In some instances compliance with the law is difficult. It costs money. Nevertheless, the law is the law. It must be followed an if the entity is not complying with the law, the Board is responsible for making sure things change and there is compliance. Compliance with the law is sometimes just a cost of doing business and if you can’t afford to comply with the law then maybe you ought not be in that line of business.
Federal and state record keeping requirements are not always complied with by entities. Some Boards like community associations don’t even know what type of records they are required to keep. In some instances they hire outside management and hope that they know what records are required by law to be retained and for how long they must be retained, but, again, the Board is ultimately responsible for non-compliance.
Freedom of Information laws is another area where entities like Towns and Cities and their Boards don’t comply. Email between Board Members may be a public record which must be maintained and produced for public inspection. Like most volunteer Boards, Board Members are left to use their personal resources to do their Board work and even though the records like emails or files on their personal computers are public records that must be maintained under the Freedom of Information laws, they are not maintained. The excuse we hear most often is that there is no easy way to comply or its costs too much money or aggravation to comply so we just don’t comply.
These examples of laws that Boards do not comply with are just a few. Now that Office of the Board is available, there is no more excuse for noncompliance with laws like record keeping and Freedom of Information laws. Office of the Board instantaneously creates with a patent-pending Risk Intelligent Framework in which Board Members can comply with laws like record keeping and Freedom of Information laws. Once the Board creates an Office of the Board, Boards not only can cost-effectively comply with the laws, they will want to comply with the laws.