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:
>
> <proposed-conflicts-policy-3mar11-clean.pdf><proposed-conflicts-
> policy
> -3mar11
> .pdf
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Jeff Mischkinsky
Sr. Director, Oracle Fusion Middleware +1(650)506-1975
and Web Services Standards 500 Oracle Parkway, M/S 2OP9
Oracle Redwood Shores, CA 94065