”˜Tis the season for year-end countdown specials ”” 2021”™s top 10 this and top 100 that. Whether you”™re counting hits or misses, there is certainly something cathartic about reflecting on the prior year.
Personally, I end every year with taking a few days off to focus on self-reflection, both personally and professionally. I think about what went well in the outgoing year, what could have been done better, how things could have happened differently, and what I hope to accomplish in the incoming year. I do this every year without fail.
I also set goals and priorities for the coming year. Not “resolutions” per se, but F-SMART goals (goals that are flexible, specific, measurable, achievable, realistic and time-bound). If these past two years have taught us nothing else, our goals and objectives must be flexible. They must be limber enough to pivot and dodge unexpected challenges, if necessary, with a determination to get back on track.
It occurs to me that these self-reflection and goal-setting habits easily could translate to my corporate clients. After all, self-reflection is merely a strategy to pursue a specific outcome in a systematic way.
Self-reflection encourages honest assessment of our strengths and weaknesses and brings us into alignment with our purpose and core values. It also provides clarity in decision-making and enables us to set appropriate priorities and act with intention.
So, I encourage organizations to take some time during these last few weeks of 2021 to do a little self-reflection. What did you do well in 2021? What could have been done better or differently? What do you hope to accomplish in 2022?
As you undergo this self-reflection process, consider the following legal priorities:
Workplace safety
In addition to workplace safety considerations, what has your organization done in the past year to improve the emotional or psychological safety of employees? Do all members of your team feel included? Is negative feedback delivered constructively? Do employees feel safe to challenge the status quo to bring about positive change? Can they make an honest mistake without fear of personal attack or unfair retribution? Did any employee experience trauma during the pandemic; during the social justice protests of 2020; during the events at the Capitol in early 2021?
A quick check-in with your staff will go a long way to boost morale and promote emotional safety. All it takes is a simple, “How are you doing?” to start the conversation. That”™s the minimum standard.
Diversity, equity and inclusion
How would you grade your diversity, equity and inclusion (DEI) efforts as an organization? The benefits of a diverse workforce are vast and include increased creativity, increased profits, reduced employee turnover, variety of thought and perspective and other benefits. If you do not have a DEI strategy, consider developing one as a priority for 2022. But understand that DEI is not just about Black or White ”” consider diversity of gender, gender identity, disability, ethnicity, and nationality. And it”™s not just about hiring, but also retention and creating an environment of inclusivity where employees are free to engage authentically and with a sense of belonging.
Speaking of DEI, does your board of directors reflect the communities or clients that you serve? If not, consider prioritizing in 2022 a plan to gradually improve your board composition over time.
Corporate governance
Does your organization have all of the policies it is required to have under New York law, including, for example, a conflict-of-interest policy, a sexual harassment prevention policy, a whistleblower policy and a data security policy? If not, developing, implementing or updating legally required policies should be a priority in the coming year.
As you review your policies, consider whether they are aligned with the organization”™s mission and core values. I often advise my clients to avoid hypocrisy between their mission and practices. For example, if you are a social justice organization that promotes restorative justice practices, consider whether you should handle employee disputes using restorative justice strategies.
Technology and cybersecurity
2021 was a record-breaking year for data breaches, with over half a billion ransomware attacks reported. Does your organization have a legal data security plan in place to protect corporate and personally identifiable information? If not, perhaps 2022 is the year that your organization makes data security a priority. At minimum, get in compliance with the New York Stop Hacks and Improve Electronic Data Security (SHIELD) Act. Under the SHIELD Act, all businesses and nonprofit organizations must have in place a data security program that contains reasonable safeguards to prevent unauthorized access to private information of New York residents. Failure to implement a plan subjects the organization to risk of civil penalties of up to $250,000 per security breach, and risk of substantial disruption to business operations.
Finally, try to end the year by taking a gratitude inventory. Think about what you are grateful for in 2021 and what you are hopeful about in 2022. Personally, I am grateful for this forum and, as a nonprofit attorney, for the ability to serve those who serve. And my hope is that you all have a healthy and productive New Year.
Nancy Durand manages the nonprofit and tax-exempt organizations practice group at Smith Buss & Jacobs LLP. She joined the firm in 2016 and represents a broad range of tax-exempt organizations, including 501(c)(3) and 501(c)(4) organizations, nonprofit housing entities subject to the New York Not-for-Profit Corporation Law, charter schools and religious organizations.
Nancy represents nonprofit entities in connection with board governance issues, directors”™ duties and responsibilities, corporate best practices, government investigations and inquiries. She has extensive experience conducting internal investigations on behalf of clients, including those involving alleged misconduct, and also provides crisis management advice and support to organizations.
Nancy”™s pro bono practice focuses on education and equal access to justice. She is a New York State Bar Association Empire State Counsel honoree, in recognition of her pro bono service. Nancy has also been recognized as a Rising Star by Superlawyers.
To suggest or request any future column topics in the legal, private or nonprofit spheres for columnist Nancy Durand, please email ndurand@sbjlaw.com.
