| Dale and NDAs 15:06 - Oct 14 with 2299 views | D_Alien |
James raises an interesting point in the Shocking BBC article thread, but i feel it's one worth considering seperately
How do we feel about NDAs, *going forward* ?
It's particularly pertinent now the Trust have a board member. It's understood that perhaps the Trust board rep won't be party to all Club board activity, and that in some limited instances the Club Board might require engagement in a NDA to further its business in our interests. But should the Trust board itself ever agree to such a constraint? If it were to become privy to information that had a major bearing on the way the club was run or future business proposals, how can a Trust board be said and be seen to be acting in the interests of its members and Dale fans in general if its involved in decisions and actions which only the Trust board are aware of?
I'm simply setting out issues here that i feel might best be aired before such events take place (if they haven't already done so). This way, a policy can be settled by which the Trust can be guided, through its membership.
Regarding the Trust board rep (and this isn't about an individual but the position itself), if he/she were to become aware through their Club board dealings that an NDA was being entered into, what should the policy be about taking that further?
I just feel this is a good time for absolute clarity on this issue, and isn't a reflection on how things may have been done in the past [Post edited 14 Oct 2021 15:07]
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| Dale and NDAs on 15:26 - Oct 14 with 2229 views | judd |
I'm afraid I can't tell you. |  |
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| Dale and NDAs on 15:34 - Oct 14 with 2196 views | D_Alien |
| Dale and NDAs on 15:26 - Oct 14 by judd |
I'm afraid I can't tell you. |
Non DA disclosure? | |
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| Dale and NDAs on 15:34 - Oct 14 with 2194 views | DorkingDale |
The Club will have no choice but to enter into some NDAs. It's just normal business practice & we have to be realistic. I'm sure that the Trust Board Member is sufficiently astute to be able to handle such situations. |  | | |
| Dale and NDAs on 15:35 - Oct 14 with 2186 views | D_Alien |
| Dale and NDAs on 15:34 - Oct 14 by DorkingDale |
The Club will have no choice but to enter into some NDAs. It's just normal business practice & we have to be realistic. I'm sure that the Trust Board Member is sufficiently astute to be able to handle such situations. |
Yes, i made this point about the Club board in the OP; it's mainly regarding the Trust that i'm posing the question, as per James' point
[Post edited 14 Oct 2021 15:36]
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| Dale and NDAs on 16:42 - Oct 14 with 2003 views | ColDale |
We reported at the time of dealings with Halsall that we signed an NDA with Halsall, something that we regretted within days as they stopped all contact with us. Something to learn from going forward, and it would take something extraordinary for us to sign one again - it would only be signed if we felt it was in the best interest of the fanbase for that to happen (can't imagine what those circumstances would be, but never say never). Don't think there would be an issue with any conflict of interest with a Trust member on the Board - if there was, we'd have to handle it. |  | | |
| Dale and NDAs on 17:09 - Oct 14 with 1918 views | jonahwhereru |
At the time Murray was appointed I said he would have my unequivocal backing, simply for the reason I would not be prepared to take the role on. Holding the board to account and being an accountable member of the board sound similar, but are hugely different.
To be in or outside the tent is a vexed question, and the NDA situation although likely to be very rare encapsulates the difficult. It is a bit of a one person but two masters situation.
On balance I supported the move to a Trust board member. Being aware of potential future dilemmas is why I want my support to be unequivocal.
An interest thread DA. | | | |
| Dale and NDAs on 19:49 - Oct 14 with 1718 views | 49thseason |
I don't know Murray other than from his new Director video but I imagine he has the smarts to know what he can divulge and what he cannot, and even if he were asked to step out of a meeting, I have no doubt he can read between the lines about the general direction of travel sufficiently to make 2+2 equal 4 and not twenty two. Indeed, its hard to envisage a situation where the voice of the fans would not be taken into consideration and if indeed it did happen, it would raise a considerable red flag. |  | | |
| Dale and NDAs on 19:58 - Oct 14 with 1692 views | D_Alien |
| Dale and NDAs on 19:49 - Oct 14 by 49thseason |
I don't know Murray other than from his new Director video but I imagine he has the smarts to know what he can divulge and what he cannot, and even if he were asked to step out of a meeting, I have no doubt he can read between the lines about the general direction of travel sufficiently to make 2+2 equal 4 and not twenty two. Indeed, its hard to envisage a situation where the voice of the fans would not be taken into consideration and if indeed it did happen, it would raise a considerable red flag. |
I agree with all of that, but have to point out that i wasn't invoking any particular individual in the role of Trust rep on the Club board, but rather looking to clarify for future reference should similar circumstances fall upon those entrusted with the task - and we could be talking 20/30 years time, or beyond the collective memory of the current Trust board | |
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| Dale and NDAs on 20:02 - Oct 14 with 1663 views | 442Dale |
| Dale and NDAs on 19:58 - Oct 14 by D_Alien |
I agree with all of that, but have to point out that i wasn't invoking any particular individual in the role of Trust rep on the Club board, but rather looking to clarify for future reference should similar circumstances fall upon those entrusted with the task - and we could be talking 20/30 years time, or beyond the collective memory of the current Trust board |
Yeah, I get what you mean. There needs to be clear process in place that both the Trust rep on the club board, the club themselves and all Trust members are aware of.
Who does the role really isn’t important, it’s knowing that when others step forward in the future we are all aware where we stand. |  |
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| Dale and NDAs on 20:46 - Oct 14 with 1564 views | 49thseason |
| Dale and NDAs on 20:02 - Oct 14 by 442Dale |
Yeah, I get what you mean. There needs to be clear process in place that both the Trust rep on the club board, the club themselves and all Trust members are aware of.
Who does the role really isn’t important, it’s knowing that when others step forward in the future we are all aware where we stand. |
So some kind of Memo of Understanding between the Trust and the Board that outlines in some detail the role of the trust representative on the board and the relationship between the Trust and the board? Something that can be revisited according to an agreed schedule perhaps, say every 5 years, to ensure it is fit for purpose? | | | |
| Dale and NDAs on 21:01 - Oct 14 with 1538 views | 442Dale |
| Dale and NDAs on 20:46 - Oct 14 by 49thseason |
So some kind of Memo of Understanding between the Trust and the Board that outlines in some detail the role of the trust representative on the board and the relationship between the Trust and the board? Something that can be revisited according to an agreed schedule perhaps, say every 5 years, to ensure it is fit for purpose? |
Yeah, but can we call it something else? | |
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| Dale and NDAs on 21:07 - Oct 14 with 1525 views | HullDale |
Due to the nature of my job, I'm involved in several NDAs and/or 'commercially sensitive' pieces of work at any one time. Generally the wider business would have an understanding that there is an 'NDAd project' on the go (they may even hear the code name for the project), but the content and sometimes other parties involved never get shared outside where they should.
I'm not for one minute suggesting that the club announce every time they enter an NDA, but there is no reason why the Trust can't have an agreement to be informed regularly - something as simple as 'the club has entered 3 NDAs relating to XX'. XX could come under pre-agreed headings, such as 'club ownership / shares', 'training ground & property', 'commercial supplier relationship' etc.
The club therefore aren't breaching any NDA agreements, the Trust have a general idea of what is going on, and if alarm bells started ringing about timing, volume or topics of NDA they would then be within their right to voice concerns via the appropriate channels. [Post edited 14 Oct 2021 21:12]
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