The Community Patrol's Confidentiality Agreement
Please note that paragraph 7 is highlighted below.
SUN CITY ANTHEM COMMUNITY ASSOCIATION, INC.
CONFIDENTIALITY AGREEMENT
Welcome to the Association’s Community Patrol, an authorized service group of the Sun City Anthem Community Association. We want to take this opportunity to explain the appropriate course of conduct for Community Patrol members.
A great deal of the information that is reviewed by the Community Patrol may be confidential. That is, the Community Patrol may see information which is not available for review or comment by the membership at large. Nevada law provides that some of these items are matters for the executive session of the Board of Directors (and its properly authorized Board members) or for closed meetings of committees and are therefore not to be disclosed to nonBoard members and non-Committee members. The public policy for this is to encourage full and fair discussion of important issues while protecting the Association from outside claims.
Accordingly, the Community Patrol proper exercise of its fiduciary duties to the Association’s members requires that you keep these items confidential. Put another way, as a Community Patrol Member you are required to hold and maintain confidential information in the strictest of confidences for the sole and exclusive benefit of the Association. You shall not, without prior written approval of the Association’s Board of Directors, use for your own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Association, any confidential information. You shall return to the Association any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to any confidential information gained in service as a Community Patrol Member immediately if the Association requests it in writing.
In addition, it is important to understand that as a Community Patrol Member you are serving the Association and assisting the Board of Directors in the operation of the Association. However, please be aware of taking any actions that may exceed the scope of your authority as a Community Patrol Member. Again you shall not, without prior written approval of the Association's Board of Directors, communicate, represent, or otherwise act to others in such a way that suggests you are authorized to speak for the Association or bind the Association in any transaction.
Finally, if a particular Community Patrol member breaches his or her duty to the owners by releasing such confidential information outside of the boundaries of the Board of Directors and the Community Patrol, the Community Patrol member may face potential liability for breach of his/her/their fiduciary duty. This is to say that any damage which results from a Community Patrol member disclosing confidential information may very well subject that Community Patrol member to personal liability which may not be covered by the Association's directors and officers insurance, which normally covers all Association volunteers.
Similarly, if a particular Community Patrol member breaches his or her duty to the owners by acting or representing oneself in such a way outside the boundaries of the Board of Directors and the Community Patrol's authority. the Community Patrol member may face potential liability for breach of his/her fiduciary duty. Again, this is to say that any damage which could result from a Community Patrol member acting outside the scope of their role as a Community Patrol member may very well subject that Community Patrol member to personal liability which may not be covered by the Association's directors and officers insurance.
To the fullest extent permitted by law, you as a Community Patrol Member shall indemnify, defend, and hold harmless the Sun City Anthem Community Association; and Sun City Anthem Community Association's employees, agents, affiliates, successors and assigns from and against all claims, damages, liabilities, losses, fines and penalties, and expenses, including but not limited to attorneys' fees, arising out of or resulting from your performance of your duties as a Community Patrol Member, provided that any such claim, damage, loss, liability, fine, penalty, or expense (1) is attributable to bodily injury, personal injury, sickness, disease, or death, or to injury to or destruction of tangible property, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent or deliberate acts or omissions by you as a Community Patrol Member anyone directly or indirectly related for those acts, any of them may be liable regardless of whether or not is caused in part by a party indemnified hereunder; and (2) breach by you as a Community Patrol Member of your obligations, representations as a serving Community Patrol Member. Such obligations shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to a party or person described herein in addition to all rights and remedies available at law or in equity.
Accordingly, we ask that you acknowledge that you understand that you must respect the confidentiality of the confidential information you see and discuss while serving on the Community Patrol. In addition, we ask that you recognize the defined scope of your duties and authority in the service of your Community Patrol and understand the consequences for failing to do so.
I have read the confidentiality and fiduciary statement and understand the requirements of confidentiality and fiduciary duty as a condition of my services as a Community Patrol Member.
_____________________
Print Name
_____________________
Membership Number
_____________________
Signature
_____________________
Date
2450 HAMPTON ROAD, HENDERSON, NEVADA 89052
PROFESSIONALLY MANAGED BY RMI MANAGEMENT. LLC.
(702) 614-5800 OFFICE (702) 614--5813 FAX
---------------------------------------------------------------------
Ron Johnson, 26 January 2011