Hi all, hi Simon,
and also sorry for another post to correct misleading statements.
Am 30.10.22 um 18:51 schrieb Simon Phipps:
Hi Andreas, (and sorry for a second post here today all)
On Sun, Oct 30, 2022 at 12:40 PM Andreas Mantke <ma...@gmx.de> wrote:
sorry for beeing a bit undiplomatic on this topic. But your statements
are not in accordance with the CoI policy of TDF.
The TDF policy
<https://wiki.documentfoundation.org/images/6/6e/BoD_Conflict_of_Interest_Policy_ver1_3_2.pdf>
was rushed and drafted in an atmosphere of distrust that prevented a
full review, and has several places where clearer language would be
welcome. The Policy also fails to deal with the full spectrum
of potential personal interests that affect an open source community.
In particular the wording of section 2 could lead a reader to the
wrong conclusions. I'll assume those are the reasons why you have
misunderstood it, rather than implying you have not read it.
It's clarified helpfully by Section 5.3 which explains that a personal
interest is not an actual/potential conflict of interest until the
Board has determined that it is based on the evidence. I am not aware
that the Board has determined that any of the five people you keep
accusing of a breach of trust has in fact failed to balance their
personal interests with TDF's interests.
Since a Board cannot function in a continual atmosphere of accusation
and mistrust, most Boards on which I have served have assumed by
default that directors can be trusted to highlight any case where a
declared interest of theirs conflicts with the interests of the
organisation in a harmful way. I strongly suggest TDF's Board follow
that practice and leave accusations of breach of trust as a
rare exception.
it looks like you are not aware of the rules which applies to any
director of a foundation under German law like TDF. If a director has
especially a personal financial or business interest on a topic he could
not act on both sides of the same table. Because it is not possible to
throw away his personal interest she/he had to stay away from any
discussion/decision on TDF side. She/he _has_ a (at least) potential CoI
on that topic and thus is not allowed to act on the side of the foundation.
If she/he will not follow this rule it's a breach of the TDF statutes,
the TDF CoI policy and also of the general regulations.
It's not important how processes are done on organizations you served on
the board, but how things had to be handled within the TDF statutes and
the regulations, which apply for TDF' s place of business.
Regards,
Andreas
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## Free Software Advocate
## Plone add-on developer
## My blog: http://www.amantke.de/blog
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