RE: [oasis-board-comment] Re: [board-agenda] Conflict of Interest Policy Final Draft

["Lipton, Paul C" <Paul.Lipton@ca.com>]

Hi all,

Watching the progression from the original document's " an actual or
possible Conflict of Interest exists " to Jeff's " an actual or possible
Conflict of Interest exists " to Peter's " a Conflict of Interest may
have arisen" leads to some thoughts. 

1. Peter's suggestion seems to me to be almost the same semantically as
the original. I'm not sure I understand how "may have" is different than
"actual or possible" are much different. Both indicate a conditional
state, to my mind. Perhaps a keener semantic eye for ultra-fine details
could help me understand this better, but I right now I personally see
little value in this proposed change.

2. Jeff's suggestion is interesting, but I disagree that the word
"possible" has zero value. It does no harm, as an admission to
"possibility" is also an invitation to continued investigation, which a
person might actually want. It may provide value, in that it affords the
opportunity for that person (with a possible conflict) to take a
conditional stance, which might be useful if they wish to explore the
"possibility" (oh, that word again) of conflict or perception of
conflict with the cooperation of other Board members. 

In short, it enables a person to delay taking a binary, absolute stance
initially, which might be a good thing. Thus, I have a small preference
for retaining the word, but the possibility that others would prefer to
remove it does not concern me.  

Regards,
Paul 
-----Original Message-----
From: Peter F Brown [mailto:peter@peterfbrown.com] 
Sent: Wednesday, March 09, 2011 5:04 PM
To: oasis-board-comment@lists.oasis-open.org
Subject: RE: [oasis-board-comment] Re: [board-agenda] Conflict of
Interest Policy Final Draft

Jeff:
I see your point. However, I wonder if it should be tidied up further:
surely it should be:
"...if the affected member or officer does not agree that a Conflict of
Interest may have arisen, then that person shall leave the Board
meeting..."
Unless the Board member concerned states that there *is* a conflict and
until the Board deliberates (the subject of the next phrase in the
section),
there is only the presumption that a CoI *may* have arisen.

BTW, The para is in Article III section 2, not 3

Cheers,
Peter

-----Original Message-----
From: Jeff Mischkinsky [mailto:jeff.mischkinsky@oracle.com] 
Sent: Wednesday, 09 March, 2011 12:47
To: oasis-board-comment@lists.oasis-open.org
Cc: board-agenda@lists.oasis-open.org
Subject: [oasis-board-comment] Re: [board-agenda] Conflict of Interest
Policy Final Draft

hi,
   i think there is a bug in the wording in Article III, section 3:

The intent, if i understand it correctly, is that if the person agrees
that
there is a conflict of interest, then no further action has to be taken
by
the board to determine if one exists. It is only in the case that the
person
disagrees that there is a Conflict that the board has to discuss and
make a
determination.
   That is not what the draft policy says.

So i think that in the 2nd sentence of III/3 the words "or possible"  
should be deleted:

Immediately afterwards, if the affected member or officer does not agree
that an actual ***or possible *** Conflict of Interest exists, then that
person shall leave the Board meeting while the determination of a
conflict
of interest is discussed and voted upon.

cheers,
   jeff


On Mar 09, 2011, at 11:35 AM, Lipton, Paul C wrote:

> Hello,
>
> As you remember, an earlier draft of the Conflict of Interest Policy 
> was submitted in advance of the February Board meeting to allow time 
> for comment. After careful consideration of all comments received, the

> attached documents (clean and redline) have been approved by the 
> Board's Governance Committee at its meeting of 03 March 2011.
>
> The Committee asks that this be included as an "A" item for decision, 
> at the Board's meeting of 17 March 2011.
>
> Respectfully submitted,
> Paul
>
> Paul Lipton
> CA Technologies
> VP, Industry Standards and Open Source Member, CA Council for 
> Technical Excellence Office Phone: +1 609 583-9718
> Mobile: +1 267 987-6887
> Email: paul.lipton@ca.com
>
> <proposed-conflicts-policy-3mar11-clean.pdf><proposed-conflicts-
> policy
> -3mar11
> .pdf
> >---------------------------------------------------------------------
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--
Jeff Mischkinsky
jeff.mischkinsky@oracle.com
Sr. Director, Oracle Fusion Middleware
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