November 27, 2012
Regrettably, at the Board of Directors meeting, Monday, November 26, 2012, Director John Mackey was removed from the Board, for conduct harmful to the corporation.
Specifically, Mr. Mackey was removed for disclosing information during a public session of the Board, October 22, 2012 ─ information that he had previously acknowledged was not appropriate for public disclosure, but should only be discussed in a closed session of the Board of Directors.
Mr. Mackey knew that the information was not appropriate for public disclosure. On at least two occasions, Mr. Mackey stated that the information should be discussed in closed session. Mr. Mackey publicly disclosed information he knew should not be, disregarding his own advice.
A majority of The Board of Directors voted to remove Mr. Mackey for conduct harmful to the KBOO Foundation. They agreed that an objectively reasonable director in that situation would have exercised more care and caution ─ and would not have publicly disclosed that information.
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