What Does it Mean to “Care”?
This article is second in a series of reflections on the Roles and Responsibilities of Nonprofit Boards: It’s Time for Some R & R: That’s Roles & Responsibilities - Not Rest & Relaxation
How many times do we say, “I care,” or “I don’t care.” What does it mean to care for someone or something? What is “care”?
The Merriam-Webster Dictionary defines care (noun) as “a painstaking or watchful attention,” and “ . . . especially responsibility for or attention to health, well-being, and safety.” As a verb, it is to do this.
We all have a choice to exercise care—or not to.
Those who serve on nonprofit boards of directors don’t have such a choice. They have a duty to care.
As applied to boards, the Duty of Care is enshrined in several legal acts, including The Uniform Fiduciaries Act and The Uniform Trustees’ Powers Act. Why? Because, at its core, it is a fiduciary responsibility. Certain behaviors have emerged as integral signs that the Duty of Care is being met, that a board is protecting the organization’s assets. In exercising the Duty of Care, directors are expected, amongst other things, to
Act prudently
Ask questions
Not make assumptions
Attend meeting and pay attention in them
Serve on committees
Read all materials in preparation for meetings, the primary venue in which they exercise their care
Be involved in planning and in assessing the organization’s performance
Review financial statements
Pass budgets
These building blocks of sound governance have their roots in the actions that boards and their directors should engage in to protect assets—to care for them.
If a board is recruiting individuals who are new to the director’s role, it is imperative that the recruitment process includes education on the legal requirements of the Duty of Care and its expectations. This topic should also be on the agenda of the board’s annual retreat and included in orientation for new members.
As a corollary, boards need to be willing to address the concern raised when directors are frequently absent from meetings or not engaged in the board’s work. Such directors are not fulfilling their Duty of Care. Boards that tolerate such behavior may be enabling behavior that is contrary to the law.
Often, we tell someone, “Show me that you care,” and the other responds, “Look at what I do for you. I care.” Care and the act of caring can be open to interpretation in the dicey dynamics of human relationships.
However, in the relationship between a nonprofit organization and its board of directors, there is little room for such interpretation. There is a Duty of Care, and both the law and best practices that emerge from it, have made it very clear what boards need to do to demonstrate they are adhering to it. It is a tall order that directors cannot pick and choose to enact. If they do, it is to the organization’s peril.
To care is serious business.