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State to recover losses due to disclosures that were not made to the board by a university official and filed a lawsuit against the developer of the Boise project Finally, they engaged independent governance experts to help them restructure and ensure their independence from the university These results also built credibility with certain members of the State Board of Education In total, the aggressive activity of the board has been so successful that they are now turning their attention back to their original mission, and believe that they are in a position to once again contribute over $2 million annually to help fund university operations possibly as early as their next fiscal year Key success factors for this turnaround lay squarely in a few important concepts:
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Character: Despite their volunteer status, many directors worked at the problem as a full time job Urgency: They worked at the problem as if their own livelihood depended on the result Focused: They targeted the root cause of the problem rather than wasting energy on fights they could not win Loyalty: They made decisions that were right for the Foundation they served, even if it meant giving up on the grand plans envisioned by the University Independence: They brought in experts to ensure that they received objective, independent feedback A list of qualities worthy of any board
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The author is a graduate of the University of Idaho He has also served as President of the University s National Alumni Board of Directors, an organization unaffiliated with the Foundation While attempting to be as objective as possible while developing this case, some at the University of Idaho and others who have an interest, may or may not come to the same conclusions as the author The lessons are important and the author would encourage readers to review the report of the independent investigators which can be accessed on the University s website: wwwuidahoedu b Holland & Hart University Place Management Review: A Report of the Special Deputy Attorney General to the Idaho State Board of Education December 5, 2003
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A final word regarding non-profit regulatory initiatives As this book goes to press, the US Senate Finance Committee is considering legislation designed to strengthen penalties for executives that commit crimes and require stricter corporate governance practices for nonprofit corporations It is worthwhile for the management and boards of directors for not-for-profit corporations to research and engage in the debate surrounding this proposed legislation
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KEY CONCEPTS: NOT-FOR-PROFIT
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Disqualify candidates who already sit on a number of boards Know that directors serving on non-profit boards also have many of the same liabilities as for-profit companies, even if they do not show up Understand that nonprofit boards can be held liable by the IRS for excessive CEO compensation Recognize that not-for-profits experience many of the same frauds as for-profit companies and also need a formalized system of internal control Directors may have to consider stakeholders beyond their traditional constituencies when considering important decisions Keep current of legislative initiatives The US Senate is considering legislation that could significantly impact the corporate governance practices of not-for-profits
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An additional source of expert opinion complementary to the board of directors is the advisory board These boards were popular in the 1970s with multinational companies seeking understanding of foreign markets A group of advisors can bring that critical local knowledge necessary to penetrate and compete in far away lands But advisory boards can be created for any number of reasons Companies such as US Bank, Avon, and Merrill Lynch still maintain advisory boards to obtain objective, independent advice regarding their operations Many high-tech startups also use advisory boards to help them negotiate the various minefields encountered on their way to corporate maturity There may be a permanent body such as an international advisory board, or a temporarily established committee in response to a specific issue such as the formation and oversight of a diversity program Some advisory positions are compensated, while others can be honorary Regardless of the form or purpose, advisory boards can deliver a vault stuffed with experience and good judgment to the corporate neighborhood where it is most needed
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