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Info You Can Use: Board Action In The Age of Technology

September 21, 2011

by:

Joe Patti

Hat tip to the Non-Profit Law Blog for providing a link to a piece on the Charity Lawyer blog about board votes by unanimous written consent.

An organization upon whose board I sit was recently revising its bylaws and the subject of voting on courses of action between meetings arose. We were especially interested in the legality of voting by email.

I can’t imagine we are the only ones having this conversation and fortunately, Ellis M. Carter at Charity Lawyer provides some answers.

“Unlike directors voting at a meeting which may require only a majority of the directors to approve any board action, most states that permit action by written consent require unanimous approval. Once an action by written consent is signed by all of the directors, the written consent resolution will have the same effect as a unanimous vote of the Board.

In such cases, a consent resolution will be sent to each individual director by mail, email or fax for his or her signature. To streamline the signature gathering process, the written consent document can permit counterpart signatures. This means that each director can sign the signature page of his or her copy and the signed signature pages, when taken together, are considered a validly executed document.

[…]

Generally, the action is considered to be taken on the date the last director signs the consent. For recordkeeping purposes, the signed consents must be kept by the secretary in the corporate minute book. Additionally, the resolution should be entered into the minutes of the next board meeting and made part of the official record of the corporation.”

In respect to emails, in order to remove any question of legality or whether an emailed response may have been made by an unauthorized person who gained access to an unattended computer, it is best to use a password protected electronic signature such as is available in Adobe documents. If that is too difficult, Carter suggests just printing the email, physically signing it and send it back by fax, regular mail or a scanned attachment to an email.

Arts in an Age of Technology, Boards, Info You Can Use, Legal Topics

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I Liked Your Ideas Better When We Were Being Repressed

September 20, 2011

by:

Joe Patti

A recent book review gave a fascinating look at how the value of ideas has declined in post-communist Czechoslovakia. In the wake of the Velvet Revolution, playwright Václav Havel became President of Czechoslovakia. He, along with other intellectuals and artists in Eastern Europe found themselves in governing roles as their countries transitioned away from communism.

And then they found themselves unwanted.

“The artistic and literary scene that flourished paradoxically under censorship and repression has died off. The public intellectual is, for the most part, no longer invited to the most important parties. Anna Porter writes, “Now that everyone can publish what they want, what is the role of the intellectuals?” and she can’t find an answer. It’s no longer the police state that’s attacking the intelligentsia — it’s disinterest and boredom. It’s distraction. It’s a trade off. And it’s one that we should be able to acknowledge and be allowed to mourn. When the historian Timothy Garton Ash visited Poland in the 1980s, he admitted to an envy for the environment there. “Here is a place where people care, passionately, about ideas.” The people of Central Europe traded in ideas for groceries and for not being beaten to death by the police. No one could possibly blame them, but at the same time, Havel and the other leaders had no sense of the true cost of democracy.”

There have been many books written about the decline of the public intellectual in the United States so it is pretty futile for me to attempt to address the causes here. It bears noting that the decline in the U.S. didn’t proceed from a point of censorship and repression. Back in the 1950s, artists like Salvador Dali and Random House publisher Bennett Cerf appeared on television game shows like “What’s My Line?” Now you would be hard pressed to name a visual artist or publisher with the same wide spread name recognition.

It clearly isn’t a matter of ideas are only important and valued when you are told you can’t have them. I do think there may be some truth in the question of the value of the value of intellectuals and artists in a time when anyone can publish or create. At one time people had many demands on their attention with farming and family but big ideas were still valued. Now while people have many draws on their attention, less of it is as compelling as seeing to your daily survival (or avoiding censorship/dealing with repression). With the leisure to decide what to focus on, you have the option to ignore big ideas that may take 30 minutes to process in favor of 30 different ideas that you can process in a minute each.

While the arts can have a role in emphasizing that big ideas matter and that we should invest the time to consider them, this isn’t a problem the arts community is going to be able to solve itself because the decline is a result of greater societal practice. The arts can deliver the message, but every strata of society has to value it– which may require valuing the arts as a valid messenger.

I don’t have any ready answers. I just offer this as something to think about– if you can allow it the time for proper consideration.

Arts in an Age of Technology, General Musings, State of the Arts

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Criticizing The Performance, Not The Audience That Enjoyed It

September 19, 2011

by:

Joe Patti

This weekend I went to see a show with some friends. I enjoyed most of it, except for the lead actor. It was clear to me that while the rest of the actors were invested in the reality of the play, his character knew he was the hero. Where everyone else had to react to the unexpected changes in the universe, he anticipated what was coming and manipulated the universe. Some of it may have been the director’s choice, but given the other actors were invested and he wasn’t, I believed most of it was the actor’s choices.

As the show ended, it was clear my friends enjoyed every moment of the show and didn’t perceive the things I did. I knew they were going to ask me what I thought. My immediate worry was, how am I going to talk about this show which they clearly enjoyed without implying they shouldn’t have. And how can I explain what I thought was wrong without suggesting that they lacked the intelligence or perception to notice it.

Basically, how can I talk about my experience without sounding like the stereotypical intellectual snob associated with the arts. My friends won’t take much offense, but whatever approach I used would essentially be practice for dealing with the general public. If I was talking about a show in my theatre, I am really never going to have this sort of conversation because few people would ask what I thought about my own show. (I also realized how many arts experiences I have by myself or with other arts people where conversations can be a little more frank.)

One of those who accompanied me is a landscape architect so I decided to use his profession to provide context for my comments. I would explain my problems with the lead actor as I did in the first paragraph expounding on what I mean by investment in reality and why that is important. Since the show was a comedy, I used the example of the candy wrapping episode in I Love Lucy, where regardless of how bizarre a situation got, we were rooting for Lucy and Ethel because they believed in the reality of the run away assembly line and their need to succeed.

I explained that because I had experience in the performing arts, the problems were apparent to me where it might not be to them. If they enjoyed the show, that is great. Being able to recognize these thing is a mixed blessing- It is helpful if you are in a position to fix the problem, but a hinders one’s enjoyment of many performances where one isn’t in control.

I mentioned how it was possible for me to walk through a garden and admire the flowers while my landscape architect friend noticed all the problems with drainage and general appropriateness with the design. None of this means the flowers are any less attractive just as nothing I perceived invalidates the experience they had at the show.

Now yes, among ourselves as arts people we can, and do, have long discussions about how audiences attribute more value to their experience than is warranted and give standing ovations to barely mediocre work. But that isn’t a conversation we can have with the general public without causing a lot of resentment.

Given that I was dealing with my friends who had the capacity to forgive any offense I might offer, I can’t say the general approach I used in this situation will work in most cases. I have to imagine though that it can be effective to offer an honest, snark free, appraisal of your own experience which acknowledges that one’s insight and perception, while highly informed, isn’t necessary for others to share.

I felt my explanation was successful because I was able to be honest and provide some education about acting and directing choices without coming across as if I were lecturing the ignorant. It was helpful to be able to be able to draw a parallel between the abilities we both developed as a result of our professions to illustrate how artistic criticism is no more intellectually inaccessible than any other form of discernment that is cultivated over time.

The same parallels can be drawn for pretty much any profession or avocation that a person has been involved for many years to create a common frame of reference. No one gets overly concerned that their accountant feels superior to them because they can’t spot mistakes on a balance sheet with a glance. They can be worried about how it might look if they don’t understand a performance or painting, though.

As I write this, I recall my post from Friday in which I quote Stephen Tepper and George Kuh talking about the training creatives receive. I occurs to me that while anyone may develop a discernment related to their profession and avocation, the resulting abilities are not necessarily equal. Those in the arts are specifically trained to look at things with a critical and deliver and receive critiques. Those seeking accounting degrees aren’t regularly asked to look at their classmates’ work and discuss whether it adheres to the generally accepted accounting practices. In that respect, it is understandable that people may experience a little anxiety at the ease with which creatives (which includes landscape architects) can and will discuss perceived problems.

Art(ist) Education, Audience Relations

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Creativity To The Left Of Me, Creativity To The Right

September 14, 2011

by:

Joe Patti

I am just getting around to reading a piece in the Chronicle of Higher Education by Stephen Tepper and George Kuh (subscription required) about the need to get serious about teaching creativity. By coincidence or design, Americans for the Arts is holding a blog salon on arts in education that also focuses heavily on creativity. Clearly this is becoming a prime topic of discussion.

Tepper and Kuh argue against a prevailing image that creativity stems from environmental conditions rather than being developed through hard work and practice.

“First, we must move beyond the naïvely egalitarian, almost mystical view of creativity advanced by many creativity enthusiasts. This view suggests that to unleash creative capacity, we have only to set up conditions in which creativity will naturally blossom—informal workspaces, nonhierarchical organizations, flexible jobs, opportunities for cross-fertilization, and diverse and hip urban spaces. Such conditions are thought to encourage lateral thinking, brainstorming, and risk taking, all of which set the stage for innovation and entrepreneurship. No wonder creativity is an irresistible solution to our nation’s most pressing challenges! It appears to flow like tap water, requiring no significant investment in research or training. To transform our economy, we just have to get out of the way and let creativity grow free, like kudzu.

Existing research suggests otherwise. Creativity is not a mysterious quality, nor can one simply try on one of Edward de Bono’s six thinking hats to start the creative juices flowing. Rather, creativity is cultivated through rigorous training and by deliberately practicing certain core abilities and skills over an extended period of time. These include:

1. the ability to approach problems in nonroutine ways using analogy and metaphor;

2. conditional or abductive reasoning (posing “what if” propositions and reframing problems);

3. keen observation and the ability to see new and unexpected patterns;

4. the ability to risk failure by taking initiative in the face of ambiguity and uncertainty;

5. the ability to heed critical feedback to revise and improve an idea;

6. a capacity to bring people, power, and resources together to implement novel ideas; and

7. the expressive agility required to draw on multiple means (visual, oral, written, media-related) to communicate novel ideas to others.”

They admit that not all university arts programs are designed to engender these qualities, nor are the arts the sole discipline that engenders these abilities, but by and large arts students are challenged in these ways.

In the last few years I have frequently talked about how businesses are saying there is a need for creativity in leaders and employees. Other than citing other people who have said it, I haven’t had any solid evidence to back the claim up. However, thanks to a post by Emily Peck on the AftA blog salon, now I do. She links to an IBM survey of 1500 executive directors, Capitalizing on Complexity, where their top insight is that CEO’s need to:

Embody creative leadership.
CEOs now realize that creativity trumps other leadership characteristics. Creative leaders are comfortable with ambiguity and experimentation. To connect with and inspire a new generation, they lead and interact in entirely new ways.

Notice the words ambiguity and experimentation also listed by Tepper and Kuh.

Another salon blogger, Sarah Murr who works as an arts and culture subject matter expert for Boeing, cites Seven Survival Skills created by researcher and author Tony Wagner that …”people need in order to discuss, understand, and offer leadership to solve some of the most pressing issues we face as a democracy in the 21st century”

These too look very much like those listed by Tepper and Kuh which provides me some confidence that the thinking in the arts and business worlds are resonating to some degree. But there is still some work to be done in communicating these commonalities. Another arts in education salon blogger, Eric Booth, reported the general message he came away with from a National Arts Policy Roundtable retreat.

“The key message I took away from them could be stated like this:

Most people in business think “creativity” is a fluffy indefinite word, yet more hokum from the touchy-feely-artsy set. Indeed most business people do not want new employees arriving with the expectation that they can be creative all over the place. What we want are innovations, and hard-working employees who can recognize and deliver on the unusual occasion in which their creative input is valuable. If you can identify for me the key skills within creativity that produce successful employees in my real setting, and produce innovations that work for my company, and can show me the data that affirms you can reliably develop those key skills, I will become your biggest supporter. Til then, it sounds like fluff to me.

We can’t even name the key skills of creativity that we train, no less demonstrate that we reliably develop such skills.

[…]

I do meet a lot of creativity in good students of all interest areas, which makes me wonder if the arts really are delivering something distinctively potent. I even find research that affirms parts of this assertion that the arts are unusually powerful in developing creative capacity. But even if we are succeeding in developing creative capacity effectively, few can articulate what it is we are doing, or what those skills are.

How can we change the status quo if we can’t make a clear, well-founded statement about a core claim?

[…]

Identify the top three skills of creativity that matter to you in your work with career-track students. Not 10 or 23 skills, but the most essential two or three skills…

And one year from now, add a very simple and non-intrusive documentation-and-assessment practice that illuminates the ways in which your students are getting better at those skills over time. That’s it. That simple.

This may sound like a lot of work, but if you are in education you know that everything is moving toward evidence based whether it is K-12 No Child Left Behind or to meet accreditation standards in higher education. Measuring what Booth suggests should at least be marginally more interesting than performing most evaluations because you are establishing your own criteria.

Art(ist) Education

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