On Confidentiality of Communications

A few weeks ago, the SCA’s Board published a set of proposed changes to Corpora, the governing document of the Society as a whole, covering a number of topics including sanctions as well as the prohibition against serving both as a royal and a Society officer.

Among those proposals was one regarding confidentiality, which contained a poorly-worded phrase that I believe could be misinterpreted, so I wrote in to encourage them to clarify it.

I encourage anyone concerned with transparency in the Society’s leadership to similarly make their voice heard by mailing sca-comments@sca.org asking for this provision to be narrowed as much as possible. As always, when writing the board, include your modern name and your member number if you have one.


From: Mathghamhain Ua Ruadháin
To: SCA Comments
Date: 3 November 2024

Hello,

While many of the proposed changes to the Governing Documents described in the October 12 announcement seem reasonable, I am writing to express my opposition to one specific proposed addition:

Any communications regarding … Board/Officer work-product are deemed confidential communications.

The term “work-product” is not defined in the governing documents and is generally a very broad term; it can encompass all materials an employee or officer creates for an organization.

Aside from exchanging pleasantries about the weather, nearly any communications with the Board or Officers is likely to involve some aspect of their work-product. (For example, this announcement and the proposed Corpora changes are themselves presumably work-products of the Board and Officers.) Ruling all such communications are confidential would completely undermine the “communication with the Board is considered public” declaration at the start of paragraph I.C.7.c.

If you intend this provision to only apply to materials prepared for use by an attorney or pursuant to a lawsuit, you should say that explicitly.

More generally, the SCA’s leadership already has a decades-long reputation for opacity, and you should bear in mind that any steps towards increasing confidentiality are likely to be viewed with extreme skepticism. I encourage you to ensure that the language in this section is as narrowly-tailored as possible, and to re-emphasize that a presumption of openness should govern the conduct of the board and officers whenever possible.

In service,

— Mathghamhain Ua Ruadháin


From: SCA Executive Assistant
To: Mathghamhain Ua Ruadháin
Date: 4 November 2024

Thank you for taking the time to opine on the suggestions regarding the proposed revisions to Corpora.  This is to confirm that your email has been received by the corporate office and will be added to the file on this topic for review.  

You have brought up an interesting thought regarding the term “work product” and a connection implied or otherwise to the work product doctrine. I imagine that will be a point of discussion going forward.

Please write again anytime.

Regards,

Leslie Luther-Fulton
Executive Assistant SCA Inc.

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