Changeset - d92b393c3961
[Not reviewed]
0 1 0
Bradley M. Kuhn - 12 years ago 2012-03-02 16:44:21
bkuhn@sfconservancy.org
After discussion with Denver and Tony, we narrowed these sections to
"for-profit", since we decided that non-profit "competition" wasn't an
issue of direct concern in these scenarios.
1 file changed with 2 insertions and 2 deletions:
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Conflicts/conflict-of-interest-policy.txt
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...
 
@@ -23,49 +23,49 @@ from violating state and federal laws - and to avoid any appearance of
 
impropriety. Conservancy Persons serve the public interest and are to have
 
a clear understanding of Conservancy's charitable mission. All decisions
 
made by Conservancy Persons are to be made solely on the basis of a desire
 
to promote the best interests of Conservancy and the public good.
 

	
 

	
 
=== Defining a Conflict of Interest for a Conservancy Person
 

	
 
In general, Conservancy Persons should avoid making decisions on matters
 
where their personal interests are at odds with the Conservancy's
 
interests. In particular, the following scenarios are to be identified as
 
conflicts of interest:
 

	
 
* A Conservancy Person (or his or her family member) is a party to a
 
contract, or involved in a transaction with Conservancy for goods
 
or services. 
 

	
 
* A Conservancy Person (or his or her family member) is a director,
 
officer, agent, partner, associate, employee, trustee, personal
 
representative, receiver, guardian, custodian, legal representative or in
 
some other way has a fiduciary duty to an entity involved in a transaction
 
with Conservancy.
 

	
 
* A Conservancy Person (or his or her family member) is engaged in some
 
capacity or has a material financial interest in a business or enterprise
 
capacity or has a material financial interest in a for-profit enterprise
 
that competes with Conservancy or a Conservancy Project. 
 

	
 
* A Conservancy Person (or his or her family member) has a material
 
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
...
 
@@ -163,49 +163,49 @@ decisions about the Project.
 

	
 

	
 
=== Defining a Conflict of Interest for a PLC Person
 

	
 
In general, PLC Persons should avoid making technical decisions on
 
matters where his or her personal and/or professional interests are
 
at odds with his or her Project's interests. In particular, the following
 
scenarios are to be identified as conflicts of interest: 
 

	
 
* A PLC Person (or his or her family member) is a party to a contract,
 
or involved in a transaction with Conservancy for goods or services
 
relating to his or her Project. 
 

	
 
* A PLC Person (or his or her family member) is an employee, owner,
 
or otherwise has a financial interest in an entity involved in a transaction
 
with Conservancy relating to his or her Project. 
 

	
 
* A PLC Person (or his or her family member) is a director, officer,
 
agent, partner, associate, trustee, receiver, guardian, personal representative,
 
custodian, legal representative or in some way has a fiduciary duty
 
to an entity involved in a transaction with Conservancy relating to
 
his or her Project. 
 

	
 
* A PLC Person (or his or her family member) is engaged in some capacity
 
or has a material financial interest in a business or enterprise that
 
or has a material financial interest in a for-profit enterprise that
 
competes with his or her Project. 
 

	
 
* A PLC Person (or his or her family member) is the owner of copyrights
 
that are the subject of a Conservancy-led compliance effort, enforcement
 
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.
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