Changeset - c27b5ada301a
[Not reviewed]
0 1 0
Bradley M. Kuhn - 12 years ago 2012-03-02 17:16:06
bkuhn@sfconservancy.org
cjl asked:
I believe it is important to be very specific about reimbursement for
travel as this is probably one of the moret common forms of financial
transactions in many projects. It would be unfortunate if PLC members
were made ineligible (or unduly burdened) in requesting travel funding
on an equal footing with other project members.

We've explicitly stated now that legitimate reimbursements are not
compensation.
1 file changed with 6 insertions and 4 deletions:
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Conflicts/conflict-of-interest-policy.txt
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@@ -51,49 +51,49 @@ that competes with Conservancy or a Conservancy Project.
 
financial interest in, or fiduciary duty to an entity Conservancy
 
has engaged in a free software license compliance effort, enforcement
 
effort, or related litigation on behalf of a Conservancy project. 
 

	
 
* A Conservancy Person (or his or her family member) has a material
 
financial interest in or fiduciary duty to the competitor of an entity
 
Conservancy has engaged in a free software license compliance effort,
 
enforcement effort, or related litigation on behalf of a Conservancy
 
project. 
 

	
 
Conservancy acknowledges that other situations may create the appearance
 
of a conflict, or present a duality of interests. All such circumstances
 
should be disclosed to the Board, as appropriate, and the Board shall make
 
a decision as to what (if any) course of action Conservancy or relevant
 
Conservancy Persons should take so that Conservancy's best interests are
 
not compromised by personal interests.
 

	
 

	
 
=== General Policies for Conservancy Persons
 

	
 
* *No Personal Profit or Gain.* No Conservancy Person (or family
 
member) shall derive any personal profit or gain, directly or indirectly,
 
by reason of his or her participation with Conservancy. Personal profit
 
or gain does not include compensation approved by the Board for paid
 
employees. 
 
employees, or reimbursement of legitimate Conservancy expenses.
 

	
 
* *Disclosure and Abstention when Conflicted.* Each Conservancy
 
Person shall disclose to Conservancy's Board any conflict of interest
 
which he or she may have in any matter pending before Conservancy
 
and shall refrain from participation in any decision on such matter. 
 

	
 
* *Conservancy Conflict Disclosure Form.* Every six months, each
 
Conservancy Person shall complete a Conservancy Conflict Disclosure
 
form <<Exhibit-A,attached as Exhibit A>> and submit it to the Board and to
 
Conservancy's General Counsel. 
 

	
 

	
 
=== Conflict Resolution Procedures for Conservancy Persons
 

	
 
* *Disclosure of Conflict When Present.* Prior to any Board or
 
Board Committee action on a matter or transaction involving a conflict
 
of interest, a Conservancy Person having a conflict of interest and
 
who is in attendance at the meeting shall disclose all facts material
 
to the conflict. Such disclosure shall be reflected in the minutes
 
of the meeting. If board members are aware that Staff or other volunteers
 
have a conflict of interest, relevant facts should be disclosed by
 
the board member or by the interested person him/herself if invited
 
to the Board meeting as a guest for purposes of disclosure. 
 

	
...
 
@@ -195,51 +195,53 @@ effort, or related litigation -- and the PLC Person (or a family member)
 
has a material financial interest in or fiduciary duty to an entity
 
adverse to this effort. 
 

	
 
Conservancy further notes that a scenario may arise where a PLC Person
 
(or his or her family member) works for, owns, or otherwise has a
 
financial interest in an entity that competes with a second entity
 
involved in a transaction with Conservancy regarding the Project in
 
question. This may or may not result in a conflict of interest, depending
 
on the specific facts. Should this scenario arise, Conservancy requests
 
that the circumstances be disclosed to Conservancy's Executive Director
 
and to the PLC. 
 

	
 
Conservancy acknowledges that other situations may create the appearance
 
of a conflict, or present a duality of interests. All such circumstances
 
should be disclosed to Conservancy's Executive Director and to the
 
PLC, as appropriate, and the PLC shall make a decision as to what
 
(if any) course of action the PLC or relevant PLC Persons should take
 
so that the Project's best interests are not compromised by personal
 
interests.
 

	
 

	
 
=== General Policies for PLC Persons
 

	
 

	
 
* *No Compensation for PLC Persons.* No PLC Person shall receive
 
any salary or other substantial benefit from Conservancy as compensation
 
for his or her duties as a PLC Person. 
 
* *No Compensation for PLC Persons.*
 
No PLC Person shall receive any salary or other substantial benefit from
 
Conservancy as compensation for his or her duties as a PLC Person.
 
Compensation does not include reimbursement of legitimate Project
 
expenses.
 

	
 
* *Disclosure and Abstention when Conflicted.* Each PLC Person
 
shall disclose to his or her PLC and to Conservancy's Executive Director
 
any conflict of interest which he or she may have in any matter pending
 
before the PLC and shall refrain from participation in any decision
 
on such matter. 
 

	
 
* *Multiple Employees from the same Employer on a PLC.* Conservancy
 
discourages the practice of having multiple employees of the same
 
employer serve on the same PLC. This practice increases the impact
 
of any prospective conflict of interest with the employer on the PLC,
 
and PLCs will have to exercise greater care to avoid the influence
 
of the employer's interests. If this situation is unavoidable, PLCs
 
are encouraged to err on the side of caution in identifying all potential
 
conflicts of interest relating to the employer. 
 

	
 
* *Conservancy is Final Arbiter.* Each PLC Person acknowledges
 
that Conservancy is the final arbiter of any issue relating to potential
 
conflict. 
 

	
 
* *Project Conflict Disclosure Form.* Each PLC Person shall complete
 
a Project Conflict Disclosure form <<Exhibit-B,Attached as Exhibit B>> and
 
submit it to the PLC and to Conservancy's Executive Director on an
 
annual basis. 
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