Hi Simon,
Am 30.10.22 um 18:51 schrieb Simon Phipps:
In particular the wording of section 2 could lead a reader to the wrong
conclusions.
Everyone can read there [1]:
"A personal interest is not identical to, but tends to qualify as a
Conflict of Interest when it *can* result in improper conduct."
My understanding of the word *can* is here: The possibility alone is
sufficient.
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.
Everyone can read there[1]:
"The remaining Board of Directors shall determine if a Conflict of
Interest actually exists, before the Board of Directors takes action."
My conclusion: these two sentences lead straight away to an existing
Conflict of Interest, right?
Since a Board cannot function in a continual atmosphere of accusation
and mistrust
Indeed and very true. I am all with you.
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.
Great if that works out.
I strongly suggest TDF's Board follow that practice
I think thus following the actual Conflict of Interest Policy (BoD)[1]
is a good starting point. And to consider what is written there, rather
than interpretation.
Best
Stephan
[1]
https://wiki.documentfoundation.org/images/6/6e/BoD_Conflict_of_Interest_Policy_ver1_3_2.pdf
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