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

[Peter F Brown <peter@peterfbrown.com>]

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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