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Secret Grievance Hearing for Harrassment

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I am the Information Technology Director at a small rural hospital in California. For over two years, I have been advising the Board of Directors that their failure to implement a substantive Internet Usage Policy (IUP) with the user's consent to blocking/monitoring left the hospital wide open to a hostile workplace lawsuit. The hospital's legal council and insurer have agreed with my advice, yet the Board has refused to move ahead with a IUP due to political pressure.

As fate would have it, I received an unsolicited, extremely disgusting e-mail that could easily have been blocked had I been given the green light to implement blocking. Following the hospital's grievance procedure, I notified the Administrator that because I am required to process e-mail as a part of my job, and the hospital has failed to implement any good-faith measures to protect its workforce, I felt that the hospital was fostering a hostile workplace. The Administrator said that he was unable to change anything because he felt that he had a directive from the Board to leave things as they are.

This Wednesday evening I meet with the Board in closed session so that they can hear my hostile workplace complaint. Because the Board does not keep minutes or record the proceedings of closed sessions, I asked if I could make an audio recording of the proceedings of the session that address my complaint. My request was denied. I feel that if the Board fails to move in a timely manner to resolve the hostile workplace, a record of the proceedings would be valuable. Is their decision to deny me the ability to record legal? THANKS!

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