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-\begin_body - -\begin_layout Title -Software Freedom Conservancy Conflict of Interest Policy -\end_layout - -\begin_layout Section -Purpose -\end_layout - -\begin_layout Standard -The purpose of this conflict of interest policy ( -\begin_inset Quotes eld -\end_inset - -Policy -\begin_inset Quotes erd -\end_inset - -) is to protect the Software Freedom Conservancy ( -\begin_inset Quotes eld -\end_inset - -Conservancy -\begin_inset Quotes erd -\end_inset - -) and its Member Projects when Conservancy contemplates entering into a - transaction or arrangement that might benefit the private interest of a - Director, Officer or Staff Member of Conservancy or a member of a Project - Leadership Committee ( -\begin_inset Quotes eld -\end_inset - -PLC -\begin_inset Quotes erd -\end_inset - -), or might otherwise result in a possible excess benefit transaction. - This Policy is intended to supplement but not replace any applicable state - and federal laws governing conflict of interest applicable to nonprofit - and charitable organizations. -\end_layout - -\begin_layout Section -Conservancy Directors, Officers and Staff -\end_layout - -\begin_layout Standard -Directors, Officers and Staff Members of Conservancy ( -\begin_inset Quotes eld -\end_inset - -Conservancy Persons -\begin_inset Quotes erd -\end_inset - -) each have a duty to protect Conservancy and its Member Projects 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 understan -ding 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. -\end_layout - -\begin_layout Subsection -Defining a Conflict of Interest for a Conservancy Person -\end_layout - -\begin_layout Standard -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: -\end_layout - -\begin_layout Itemize -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. - -\end_layout - -\begin_layout Itemize -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. - -\end_layout - -\begin_layout Itemize -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 that competes - with Conservancy or a Conservancy Project. - -\end_layout - -\begin_layout Itemize -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. - -\end_layout - -\begin_layout Itemize -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. - -\end_layout - -\begin_layout Standard -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. -\end_layout - -\begin_layout Subsection -General Policies for Conservancy Persons -\end_layout - -\begin_layout Itemize - -\series bold -No Personal Profit or Gain. - -\series default - 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. - -\end_layout - -\begin_layout Itemize - -\series bold -Disclosure and Abstention when Conflicted. - -\series default - 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. - -\end_layout - -\begin_layout Itemize - -\series bold -Conservancy Conflict Disclosure Form. - -\series default - Every six months, each Conservancy Person shall complete a Conservancy - Conflict Disclosure form [attached as Exhibit A] and submit it to the Board - and to Conservancy's General Counsel. - -\end_layout - -\begin_layout Subsection -Conflict Resolution Procedures for Conservancy Persons -\end_layout - -\begin_layout Itemize - -\series bold -Disclosure of Conflict When Present. - -\series default - 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. - -\end_layout - -\begin_layout Itemize - -\series bold -Disclosure of Conflict When Absent. - -\series default -A Conservancy Person who plans not to attend a meeting at which he or she - has reason to believe that the Board or Board Committee will act on a matter - in which he or she is conflicted shall disclose to the Chair of the meeting - all facts material to the conflict of interest. - The Chairperson shall report the disclosure at the meeting and the disclosure - shall be reflected in the minutes of the meeting. - -\end_layout - -\begin_layout Itemize - -\series bold -Participation in Discussions and Votes Regarding Conflicted Matter. - -\series default - A conflicted Conservancy Person shall not participate in or be permitted - to hear the Board's or Board Committee's discussion of the matter where - he or she has a conflict of interest, except to disclose material facts - and to respond to questions. - The conflicted Conservancy Person shall not attempt to exert his or her - personal influence with respect to the matter, either at or outside the - meeting. - -\end_layout - -\begin_layout Itemize - -\series bold -Participation in Votes Regarding Conflicted Matter. - -\series default - A conflicted Conservancy Person may not vote on the Board action with which - he or she has a conflict of interest, and shall not be present in the meeting - room (or on the conference call) when the vote is taken. - His or her ineligibility to vote shall be reflected in the minutes of the - meeting. - -\end_layout - -\begin_layout Itemize - -\series bold -Conflicted Persons Cannot Establish Quorum. - -\series default - A conflicted Conservancy Person shall not be determining the presence of - a quorum for purposes of a vote on the matter where he or she has a conflict - of interest. - -\end_layout - -\begin_layout Itemize - -\series bold -Managing an Officer's Conflict of Interest. - -\series default -If a Conservancy Person is an Officer involved in a decision, matter or - transaction in which he or she has a conflict of interest, he or she must - immediately disclose all facts material to the conflict to the Chair of - the Board (or the Chair's designee). - The Board must then approve any future decisions, negotiations, and/or - other actions taken by the Officer regarding the conflicted matter, and - include the person's disclosure of the conflict and the Board's subsequent - actions in the minutes of the next meeting. - -\end_layout - -\begin_layout Itemize - -\series bold -Managing a Staff Member's Conflict of Interest. - -\series default - If a Conservancy Person is a Staff Member who has been assigned duties - that involve a decision, matter or transaction in which he or she has a - conflict of interest, he or she must immediately disclose all facts material - to the conflict to the President (or the President's designee). - The President (or designee) must then approve any future decisions, negotiation -s, and/or other actions taken by the Staff Member regarding the conflicted - matter, and file a written report acknowledging the potential conflict. - -\end_layout - -\begin_layout Itemize - -\series bold -Confidentiality of Conflict Disclosures. - -\series default - Each Conservancy Person shall exercise care not to disclose confidential - information acquired in connection with disclosures of conflicts of interest - or potential conflicts, which might be adverse to Conservancy's interests. - -\end_layout - -\begin_layout Section -Project Leadership Committees -\end_layout - -\begin_layout Standard -PLCs are comprised of volunteers, academics, and industry professionals - that represent a Project's community and make decisions about a Project's - technical direction ( -\begin_inset Quotes eld -\end_inset - -PLC Persons -\begin_inset Quotes erd -\end_inset - -). - Conservancy understands and expects that many PLC Persons exploit professional - skills relating to their Project as individuals by providing developing, - consulting, and/or training services. - Nonetheless, each PLC Person has a duty to act in the best interests of - his or her Project when making technical decisions about the Project. -\end_layout - -\begin_layout Subsection -Defining a Conflict of Interest for a PLC Person -\end_layout - -\begin_layout Standard -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: -\end_layout - -\begin_layout Itemize -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. - -\end_layout - -\begin_layout Itemize -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 Conservanc -y relating to his or her Project. - -\end_layout - -\begin_layout Itemize -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. - -\end_layout - -\begin_layout Itemize -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 competes - with his or her Project. - -\end_layout - -\begin_layout Itemize -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. - -\end_layout - -\begin_layout Standard -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. - -\end_layout - -\begin_layout Standard -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. -\end_layout - -\begin_layout Subsection -General Policies for PLC Persons -\end_layout - -\begin_layout Itemize - -\series bold -No Compensation for PLC Persons. - -\series default - No PLC Person shall receive any salary or other substantial benefit from - Conservancy as compensation for his or her duties as a PLC Person. - -\end_layout - -\begin_layout Itemize - -\series bold -Disclosure and Abstention when Conflicted. - -\series default - 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. - -\end_layout - -\begin_layout Itemize - -\series bold -Multiple Employees from the same Employer on a PLC. - -\series default -Conservancy discourages the practice of having multiple employees of the - same employer serve on the same PLC\SpecialChar \@. - 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. - -\end_layout - -\begin_layout Itemize - -\series bold -Conservancy is Final Arbiter. - -\series default - Each PLC Person acknowledges that Conservancy is the final arbiter of any - issue relating to potential conflict. - -\end_layout - -\begin_layout Itemize - -\series bold -Project Conflict Disclosure Form. - -\series default -Each PLC Person shall complete a Project Conflict Disclosure form [Attached - as Exhibit B] and submit it to the PLC and to Conservancy's Executive Director - on an annual basis. - -\end_layout - -\begin_layout Subsection -Conflict Resolution Procedures for PLC Persons -\end_layout - -\begin_layout Itemize - -\series bold -Disclosure of Conflict When Present. - -\series default - Prior to any PLC or PLC sub-committee action on a matter or transaction - involving a conflict of interest, a PLC 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. - -\end_layout - -\begin_layout Itemize - -\series bold -Disclosure of Conflict When Absent. - -\series default -A PLC Person who plans not to attend a meeting at which he or she has reason - to believe that the PLC or PLC sub-committee will act on a matter in which - he or she is conflicted shall disclose to the Chair of the meeting all - facts material to the conflict of interest. - The Chair shall report the disclosure at the meeting and the disclosure - shall be reflected in the minutes of the meeting. - -\end_layout - -\begin_layout Itemize - -\series bold -Participation in Discussions and Votes Regarding Conflicted Matter. - -\series default - A conflicted PLC Person shall not participate in or be permitted to hear - the PLC's or PLC sub-committee's discussion of the matter where he or she - has a conflict of interest, except to disclose material facts and to respond - to questions. - The conflicted PLC Person shall not attempt to exert his or her personal - influence with respect to the matter, either at or outside the meeting. - -\end_layout - -\begin_layout Itemize - -\series bold -Participation in Votes Regarding Conflicted Matter. - -\series default - A conflicted PLC Person may not vote on the Board action with which he - or she has a conflict of interest, and shall not be present in the meeting - room (or on the conference call) when the vote is taken. - His or her ineligibility to vote shall be reflected in the minutes of the - meeting. - -\end_layout - -\begin_layout Itemize - -\series bold -Conflicted Persons Cannot Establish Quorum. - -\series default - A conflicted PLC Person shall not be determining the presence of a quorum - for purposes of a vote on the matter where he or she has a conflict of - interest. - -\end_layout - -\begin_layout Subsection -Procedures for Conservancy Retaining PLC Person's Services -\end_layout - -\begin_layout Standard -Notwithstanding the above, Conservancy acknowledges that many PLC Persons - are software developers who can provide professional services useful to - advance computing and contribute to Conservancy's mission. - In many instances, a PLC Person will have the strongest mix of credentials, - experience, and available bandwidth to fulfill a software development contract - desired by Conservancy and/or a Project. - To address those instances, Conservancy requests Projects to follow the - following procedures. - -\end_layout - -\begin_layout Itemize - -\series bold -Drafting the Software Development Proposal. - -\series default - PLCs must draft a written proposal for every software development project - their Project wishes to fund. - During the drafting process, if a PLC Person (or his or her family member), - a PLC Person's employer and/or a fellow employee of PLC Person's employer - wish to be considered a candidate to fulfill the funded software development - contract, that PLC Person has a conflict of interest and must recuse herself - or himself from the proposal drafting process and abstain from any vote - to approve that proposal. - All other procedures as outlined in Section 3.3 shall still apply. - The PLC must document the PLC Person's abstention from the proposal drafting - process in the minutes of the next PLC meeting. - -\end_layout - -\begin_layout Itemize - -\series bold -Selecting a PLC Person to Fulfill a Contract. - -\series default -Once a PLC has drafted and approved a development proposal, the PLC is free - to consider qualified candidates to fulfill the funded contract. - If the PLC wishes to recommend that Conservancy contract with a PLC Person - to carry out the work, the following criteria must be met: -\end_layout - -\begin_deeper -\begin_layout Itemize - -\series bold -Suggested Compensation. - -\series default - The PLC must provide Conservancy's Executive Director (or designee) with - a suggested compensation (converted into an hourly wage) for the software - developer to be retained to fulfill the funded contract. - -\end_layout - -\begin_layout Itemize - -\series bold -Independent Assessment of Credentials. - -\series default - The PLC (or an unaffiliated PLC Person) must provide Conservancy's Executive - Director (or designee) with a written assessment as to why the PLC Person - is uniquely qualified to fulfill the funded contract. - -\end_layout - -\begin_layout Itemize - -\series bold -Conservancy Retains Right to Request Competitive Bids. - -\series default - PLCs acknowledge that Conservancy retains the right to ask for bids from - software developers in addition to PLC Person to fulfill a given contract. - Should that instance arise, Conservancy's Executive Director (or designee) - will consult with the PLC to select the candidate best suited to fulfill - the contract within the budget allotted. - -\end_layout - -\end_deeper -\begin_layout Itemize - -\series bold -Conservancy holds Sole Authority to Negotiate and Execute Contracts. - -\series default -PLCs acknowledge that Conservancy holds sole authority to negotiate and - execute contracts on behalf of Member Projects. - In turn, Conservancy pledges to negotiate all contracts zealously, putting - the best interests of the affected Member Project first. - To avoid any conflicts, PLCs must not engage in any pre-negotiation with - prospective contractors - including PLC Persons - beyond collecting the - terms of the developer(s)' bid. - -\end_layout - -\begin_layout Section -Project Community Members: Participating Corporations and Volunteers -\end_layout - -\begin_layout Standard -The work accomplished by Conservancy and its Member Projects would not be - possible without the generous donation of time, funds, and support Project - Community Members -- including participating corporations, sponsors, and - volunteers alike. - Community members are not traditionally considered to be -\begin_inset Quotes eld -\end_inset - -interested persons, -\begin_inset Quotes erd -\end_inset - - and all decision-making authority rests with the PLCs and/or Conservancy. - -\end_layout - -\begin_layout Itemize - -\series bold -Community Members Cannot Direct Funds. - -\series default - Community Members are free to offer suggestions and engage in open dialogue - with PLC, key developers regarding a Project's technical direction. - However, each PLC and Conservancy must together maintain sole and final - control over that Project's technical direction and charitable mission. - Community Members who make financial donations do not receive any additional - control over a Project's technical direction beyond what is available to - other vocal, active, and contributing community members. - -\begin_inset Newpage pagebreak -\end_inset - - -\end_layout - -\begin_layout Section* -Exhibit A: Conservancy Conflict Disclosure Form -\end_layout - -\begin_layout Standard -Directors, Officers and Staff Members of Conservancy each have a duty to - protect Conservancy and its Member Projects 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 understan -ding 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. -\end_layout - -\begin_layout Standard -This Form is to be completed every six months and submitted to the Chairperson - of Conservancy's Board and to Conservancy's General Counsel. - -\end_layout - -\begin_layout Standard -Date: _____________ -\end_layout - -\begin_layout Standard -Next Form to be completed by (six months from now): ___________ -\end_layout - -\begin_layout Standard -Name: ____________________________________ Date: ____________________ -\end_layout - -\begin_layout Standard -Position (employee/officer/trustee): ________________________________ -\end_layout - -\begin_layout Standard -I affirm the following: -\end_layout - -\begin_layout Itemize -I have received a copy of the Software Freedom Conservancy Conflict of Interest - Policy. - _________ (initial) -\end_layout - -\begin_layout Itemize -I have read and understand the policy. - _________ (initial) -\end_layout - -\begin_layout Itemize -I agree to comply with the policy. - _________ (initial) -\end_layout - -\begin_layout Itemize -I understand that Conservancy is a public charity and in order to maintain - its federal tax exemption it must engage primarily in activities which - accomplish one or more of tax-exempt purposes. - _________ (initial) -\end_layout - -\begin_layout Standard -Disclosures: -\end_layout - -\begin_layout Standard -Please describe below any relationships, transactions, positions you (or - your family member) hold, or any other circumstances that you believe could - cause a conflict of interest as defined by the Policy between your duty - to Conservancy and your personal interests, financial or otherwise: -\end_layout - -\begin_layout Standard -________ I have no conflicts to report -\end_layout - -\begin_layout Standard -________ I have the following conflicts and/or potential conflicts to report: -\end_layout - -\begin_layout Standard -____________________________________________________________________________ -\end_layout - -\begin_layout Standard -____________________________________________________________________________ -\end_layout - -\begin_layout Standard -____________________________________________________________________________ -\end_layout - -\begin_layout Standard -____________________________________________________________________________ -\end_layout - -\begin_layout Standard -____________________________________________________________________________ -\end_layout - -\begin_layout Standard -I hereby certify that the information set forth is true and complete to - the best of my knowledge. - -\end_layout - -\begin_layout Standard -Signature: ______________________________________ Date: _________________ - -\end_layout - -\begin_layout Section* -\begin_inset Newpage pagebreak -\end_inset - -Exhibit B: Project Leadership Committee Conflict Disclosure Form -\end_layout - -\begin_layout Standard -Each volunteer, academic and/or industry professional that serves on a Conservan -cy Member Project's Project Leadership Committee (PLC) have a duty to act - in the best interests of his or her Project when making decisions about - the Project's technical direction. - Every committee member must also abide by state and federal laws associated - with non-profit organizational governance. - -\end_layout - -\begin_layout Standard -Committee members must complete this form annually and submit it to his - or her PLC and to Conservancy's Executive Director. - -\end_layout - -\begin_layout Standard -Date: _____________ -\end_layout - -\begin_layout Standard -Next Form to be completed by (one year from now): ___________ -\end_layout - -\begin_layout Standard -Name: ____________________________________ Date: ____________________ -\end_layout - -\begin_layout Standard -Position (if applicable): ________________________________ -\end_layout - -\begin_layout Standard -Employer (if student or self-employed, please indicate): _______________________ -_________ -\end_layout - -\begin_layout Standard -I affirm the following: -\end_layout - -\begin_layout Itemize -I have received a copy of the Software Freedom Conservancy Conflict of Interest - Policy. - _________ (initial) -\end_layout - -\begin_layout Itemize -I have read and understand the policy, in particular, Section 3 (relating - to PLCs). - _________ (initial) -\end_layout - -\begin_layout Itemize -I agree to comply with the policy. - _________ (initial) -\end_layout - -\begin_layout Itemize -I understand that Conservancy is a public charity and in order to maintain - its federal tax exemption it must engage primarily in activities which - accomplish one or more of tax-exempt purposes. - _________ (initial) -\end_layout - -\begin_layout Standard -Disclosures: -\end_layout - -\begin_layout Standard -Please describe below any relationships, transactions, positions you (or - your family member) hold, or any other circumstances that you believe could - cause a conflict of interest as defined by the Policy between your duty - to your Project and your personal interests, financial or otherwise: -\end_layout - -\begin_layout Standard -________ I have no conflicts to report -\end_layout - -\begin_layout Standard -________ I have the following conflicts and/or potential conflicts to report: -\end_layout - -\begin_layout Standard -____________________________________________________________________________ -\end_layout - -\begin_layout Standard -____________________________________________________________________________ -\end_layout - -\begin_layout Standard -____________________________________________________________________________ -\end_layout - -\begin_layout Standard -____________________________________________________________________________ -\end_layout - -\begin_layout Standard -____________________________________________________________________________ -\end_layout - -\begin_layout Standard -I hereby certify that the information set forth is true and complete to - the best of my knowledge. - -\end_layout - -\begin_layout Standard -Signature: ______________________________________ Date: ________________ -\end_layout - -\end_body -\end_document