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More from Moira - DOMAIN 3

We have a few questions about Study Questions in the Study Guide given out at the immersion course. Could we get some advice?

4. The CSE must occasionally resolve interpersonal conflict between key members of the executive staff. A proactive approach to resolving interpersonal conflict in such situations is:
a. To pu them into a room until they work things out themselves.
b. To hold staff development training and discuss how each person reacts to criticism and handles pressure
c. To meet with each staff member individually to establish individual rapport.
d. To coach each staff member individually when conflict arises.

The answer key gives b. as the correct answer. This seems impractical. While it is 'proactive', it doesn't seem a good answer when the conflict has already arisen i.e. 'in such situations'. When it has arisen, d. seems the best answer, for the CSE to deal with key members of the executive staff.


Next question:

13. Which of the following best describes a diverse workplace?
a. Men and women at all levels and in all positions throughout the organization.
b. The percentage of minority employees is reflective of national statistics.
c. Mangement staff includes at least 25% women.
d. An annual diversity training program is conducted.

The answer key gives a. as the correct response. This seems very limited, because diversity isn't just about gender or race. b. seems more general, and the 'best' of a range of bad answers.


And finally ...

14. Each of the following contributed to a complete and effective organizational ethics program except:
a. A code of ethics for the Board and staff.
b. A code of ethics for the members.
c. An ethical behavior promotion program, distributing brochures and displaying posters urging ethical behavior in transactions.
d. An analysis of ehtical dilemma faced and the association's response to them.

The answer key gives b. as the correct response. We just don't quite get that!

Thanks to all who respond.
Moira

Hi Moira -- When it comes to Directors and Officers (D&O) Liability insurance, "c" is the right answer.  D&O doesn't protect officers and directors from neglient decision-making.  For example, if the Board were to make a decision to stop hiring women to work at the association, that is obviously a negligent decision that violates law and public policy---D&O won't help them.  Said differently, if the Board knowingly makes the wrong choice, they are being negligent and as a result, their D&O coverage doesn't apply.

I like your reasoning on the question of someone's age, but I'm not entirely clear what's permissable in terms of questions.  While ADEA protects those over forty, the statutes enforced by EEOC make it illegal to discriminate against employees or applicants for employment on the bases of race, color, religion, sex, national origin, disability, or age.  All the training I've ever gotten in HR has said stay away from age-specific questions.  Here's what the Equal Employment Opportunity Act says about age questions:

The age bias act clearly states that ''requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose," rather than for the purpose of discriminating against potential hires based on age. For additional information, visit the website of the Equal Employment Opportunity Commission, www.eeoc.gov/types/age.html. 

Dear Maddie,

I am not a lawyer, but I believe that for the D&O insurance question, the word "negligent" negates answer C.

My dictionary defines negligent as "characterized by neglect" or "indifferent, careless or casual." Treating one's board duties that way would not normally result in a lawsuit. If such behavior did rise to the level of "criminal neglect," then D&O insurance wouldn't cover the failing, since actual criminal behavior is excluded from coverage.

Does this make sense?

Ann Macfarlane

Hi Moira,

The answer to 14 is b.  

Organizational ethics programs are designed for making the organization a better workplace. Members are not part of the organization's internal operations.

Lori

For Question 10.  C is not correct.  D&O insurance does not protect for negligent actions.  If the officers meet the criteria of Fiduciary Responsibility (Duty of Care, Loyalty and Obedience) then D&O will cover the actions of the officers.

Negligence renders the D&O insurance null and void.

For Question 13.  While you have a point, you should look to how the answers are written.  Answer B  still is placing a number or percentage on the overall population.  Men and Women at all levels and positions is without limit.

Whoops!  In my initial reply to your question regarding D&O insurance I wrote that "C" was the right answer and then went on to explain why "C" was the wrong answer.  Talk about adding chaos to confusion.  Clearly "C" is the WRONG answer.   

Moria,

In response to your questions about DOMAIN 3....

First of all, remember, as always, that these are volunteer created questions that don't go through the vetting process that the actual exam does, so don't get too wound up about any particular answer.  Frankly, their greatest value is in the discussions that ensue in your study group around the various answers, probably none of which are perfect.

Secondly, let me try to point out some of the reasons that the given answers might be the best of the available choices.

Question 4:  Obviously, "a" and "c" are just wrong.  "b" doesn't single anyone out, and doesn't wait until *after* a problem has occurred to try to address it.  So, yes, your point about being proactive is the key.

Question 13:  Obviously, "d" is wrong.  And "b" and "c" are about percentages.  That's not generally considered to reflect a good understanding/representation of true diversity. Something that could be interpreted as a quota is not a best practice.

Question 14:  Organizational ethics programs are generally considered to include only people the organization can have some degree of enforcement control over, aka the staff and board, who are the targets of answers "a," "c," and "d."  As more organizations institute enforceable codes, though, "b" becomes a less compelling choice.

I hope this was somewhat helpful, and again, don't get too wrapped around the axle on a particular question or answer.

I'll take a shot at the Domain 4 Question #7. I looked at this a bit as I also got it wrong this weekend practicing.

The best guess I can come up with is:

Pg 148 in Cox's book , the statement "the EEOC does look with "extreme disfavor" on questions about age, color..."so  it occurred to me how can you ask one applicant their age but not other applicants? (questions in the perfect world of CAE Examland would be standard and the same for all) 

While you need to know this information I think a look at the Unacceptable and Acceptable columns might lead one to believe that the question "Are you 16?" should be something like "Do you have a high school diploma? No? then,  "Do you have a work Permit?", or something along those lines."

My reason for also guessing "A" was that  the "Unacceptable" topics illustrated suggest not to ask anything even close to issue of family and relatives - but it was o.k. for this question?If it would have asked if you had relative employed AT THIS organization, perhaps the flags in my head would not have (incorrectly gone up)

I didn't like the question much either, because I got wrong and spent time looking at it and this was the best I could come up with.

I'd like to ask anyone else what they thought of this one.

There is no protection if a board member is negligent, so "c" is definitely wrong.

Hi all,

At our last meeting, the DC study group reviewed the 100% Club's practice questions for Domain 4 (administration).  We want to get your advice on a few questions.

First question...

2. Which of the following is true regarding the personal liability of officers and directors?
a. Incompetence and bad judgment are reasonable tests for liability.
b. Unintentional injury or damage to persons or property can give rise to personal liability.
c. Officers are personally liable for the performance of contracts entered into by the association.
d. Directors and Officers Liability Insurance protects the association from claims of liability if it is required to pay claims or defend officers and directors it has indemnified.

B is listed as the correct answer. We thought this answer was wrong, and possibly because of a typo. Aren't board members only liable for "intentional" and not "unintentional" injury or damage (i.e. the answer should be (?) "Intentional injury or damage to persons or property can give rise to personal liability"). From our readings, we understood that officers and directors are personally liable if negligence or intent is present.  And, now seeing the answers to Question 10 in this thread about D&O insurance not covering negligence on the part of the board, I think that we may be correct in thinking the answer should be "intentional" rather than "unintentional." What do you all say?

Next question...
 
6. Which of the following could be asked in a job interview without incurring liability?
a. What is your birthplace?
b. I noticed a slight accent, where are you from?
c. Are you a citizen of the US?
d. Are you authorized to work in the US on a full time basis?

D. is the answer.  We have no dispute about this answer but, rather, question about a related scenario.  If an interviewee offers information about any of the forbidden topics (ethnicity, parental status, country of origin), it is ever appropriate for the employer to ask a follow up question or engage in conversation about the topic raised.  It seemed to us the answer is probably no and that its best to not discuss it in anyway and move on to a safe topic.  Also, is all conversation with an interviewee considered part of the interview (e.g. including chit/chat before or after the official interview session).

Next question...

12. You are the CEO of an association with a staff of 5. Your office officially closed because of a blizzard. However, because of an imminent Board meeting, you have asked your administrative assistant to finish some work at the office. She expresses concern about the hazardous driving conditions, but on your insistence, she relents. During her drive to the office, she has a serious car accident requiring lengthy hospitalization. Which of the following BEST describes the Board's legal liability for this situation?

a. None, the employee is responsible for own commuting.
b. The same as any weekend work when the office is officially closed.
c. Depends on whether she was going to receive comp time.
d. Probable liability.

The answer is D (probably liability). We feel like this question might be flawed. The question is frames "you" as the "CEO" (chief exec. officer).  We feel question was meant to say "CSE" (chief staff exec.), and particularly because the rest of the question relates to the assn office operations and assn administrative assistant.  If the question is truely meant to say "CEO" then that throws the rest of the question into confusion (e.g why would the CEO ask the CSE's admin assistant to stay, which would violate the best practice that board deals with board, staff with staff and CSE is the bridge between the board and staff).   So, let's say that we are acting as CSE, then is it true that the Board is liable for the actions of the CSE with regard his or her interaction with a staff member?  Are we reading too much into this question!?!?

Next question...

15. Life insurance, as an employee benefit is a(n):
a. Motivator
b. De-motivator
c. Hygiene factor
d. Necessary part of any employee benefit program

The answer is c.  We thought that someone in the immersion course (Elizabeth perhaps??) said that the "Hygiene factor" has been disproven as a viable motivational theory.  Can anyone confirm this?

Next question...

18. When interviewing you MAY ask questions related to which of the following:

a. Religious holidays observed.
b. Membership in any union.
c. Veteran status.
d. Maiden name.

The answer is b.  We understand why the other 3 are incorrect.  But, why is asking "membership in any union" allowed?  We know that an employer cannot encourage or compel an employee to join or not to join a union.

Thanks for any and all assistance in answering our questions!!!

Polly

Polly, in response to your questions about DOMAIN 4

You are correct about question 2 - it's a typo - should have said INTENTIONAL damage can give rise to personal liability.  UNINTENTIONAL damage is one of the things your general liability insurance is intended to cover.

You are correct about your thoughts on question 6 as well - even if they volunteer the information, don't ask follow up questions.

Question 12 - yes, it's a terminology error.  The person in question should have been called the CSE.

Question 15 - it's based on Frederick Herzberg's Motivation-Hygiene Theory of Management, and no, to the best of my knowledge, there are no questions on the current exam about this theory (and haven't been for some time).

Question 18 is incorrect.  The Labor Management Relations Act forbids asking about union membership.  And actually, you ARE allowed to ask about veteran status (in the US Armed Forces only), but you may NOT ask about discharge status.  For a concise summary of what you can and cannot ask about, see http://www.uis.edu/aeo/guidelines/preemployment.html

Hi All!  I have been going back over Domain 2 and have a couple of questions for anyone who can help!  Specifically, 100% Group "New Questions".  Question #6 - I have taken this test 3 times now and everytime have answered the same way (more geared towards my experiences which I know is not the way to think when taking this test!)  I've looked for support in the recommended readings for the correct answer but can't find anything. 

#6 If an association cannot afford to use a consultant for the entire strategic planning process, their assistance is most beneficial at this stage:

A. At the final stage of drafting the plan because good organization and writing skills are essential in preparing a strategic plan.

B. Assisting with compiling and sorting of data which can be a lengthy process requiring outside assistance.

C. During the initial sessions, where an objective assessment of the association's current status is highly recommended.

D. During the final stage to assist with "selling" the plan to membership. 

I have no problem weeding a & d out each time but I have answered B all 3 times and the correct answer is C.  I'd appreciate some assistance in reasoning this out so I can get this through my thick brain!  Thanks!

Perhaps it will help you rember- that bringing in an outside consultant best provides objectivity and outside experience for what are best practices to solve a problem.

Here's another Domain 2 Question that I have not been able to find reference to in the readings.    New Questions #13.  I actually got this one right the first time and then wrong the next 2 times.  I think the first time I just picked the answer that did not have to do with the future, but I can't seem to find the reference to these Four Key Questions! 

A knowledge-based operational philosophy requires answers to four key questions.  Which of the following is least likely to be one of these questions. 

A. What do those you serve, your members, and the industry or profession, want in services to meeth their needs?

B.  What assumptions can we make about the future environment of the industry, profession, constituency group or issue area?

C. What one or two innovations or occurrences, which are not possible today, could happen that would fundatmentally change your industry?

D. What is your message to the board, if to you the CSE, the scenario becomes the condition of the industry in the near future and the scenario uncovers an unidentified member need?

The answer is A.  I picked D when I got it wrong.  If anyone can help with feedback on the four key questions of a knowledge-based operational philosophy I'd appreciate the help!

Domain 3 Question! 

You are the new CSE of an organization that has historically failed to come to agreement on issues important to the profession and the membership.  To begin the change in the organization's decision-making culture, you should: 

a. Meet individually with each board member to determine his/her goals for the organization. 

b. Demonstrate your leadership skills by defining for the Board the goals of the organization.

c. Plan a strategic planning session so the board can come to consensus on the mission and goals of the organization.

d. Plan a Board orientation meeting where the CSE presents information on how boards should be organized to work more effectively.

The answer is c.  Why is this better than D?

Regina,

Here's my perspective regarding your second question.  C is better than D because C allows the Board to come to a consensus together.  D is the CSE telling the Board how to be organized.  The organization of the Board and the CSE telling the Board what to do doesn't solve the problem posed in the question.  In C, it allows the Board to work together to come up with goals and missions of the organization, which can then translate into further consensus building discussions about the issues that need to be resolved.  Does that make sense?

This is how we looked at the question, in my study group this spring.  I hope this helps.

Regina,

For this question:

#6 If an association cannot afford to use a consultant for the entire strategic planning process, their assistance is most beneficial at this stage:

A. At the final stage of drafting the plan because good organization and writing skills are essential in preparing a strategic plan.

B. Assisting with compiling and sorting of data which can be a lengthy process requiring outside assistance.

C. During the initial sessions, where an objective assessment of the association's current status is highly recommended.

D. During the final stage to assist with "selling" the plan to membership."

The reason that you keep selecting B although it's not the best answer likely has to do with the fact that "consultant" is not a very precise term.  Compiling and sorting data would be something you might hire outside assistance to do, but you're probably going to hire a temp.  Hiring a consultant should be reserved for that higher-level work that requires an outside, objective perspective.

Regina,

For this question:

"You are the new CSE of an organization that has historically failed to come to agreement on issues important to the profession and the membership. To begin the change in the organization's decision-making culture, you should:

a. Meet individually with each board member to determine his/her goals for the organization.

b. Demonstrate your leadership skills by defining for the Board the goals of the organization.

c. Plan a strategic planning session so the board can come to consensus on the mission and goals of the organization.

d. Plan a Board orientation meeting where the CSE presents information on how boards should be organized to work more effectively.

The answer is c. Why is this better than D?"

Because until you have agreement on the mission and goals of the organization, trying to work more effectively is rearranging deck chair on the Hindenburg, so to speak.  If you don't know where you're going, you're never going to agree on how to get there.

I've got a question on Domain 5

Which of the following is NOT a term used to describe knowledge management? 

a. information systems

b. managing people & managing knowledge

c. intellectual asset management

d. gardening

The answer is b managing people and managing knowledge.  I thought this wasn't a correct answer because  knowlege managment relates to the entire org.  But am I wrong because KM does not involve managing people?  Also, I chose gardening as my answer.  I do not recall reading anywhere that gardening was a term used to describe km so if you have insight on that one, let me know!