Hi Cor, all,
Am 31.03.23 um 16:35 schrieb Cor Nouws:
Hi Andreas, all,
Andreas Mantke wrote on 30/03/2023 14:28:
Am 29.03.23 um 15:58 schrieb Cor Nouws:
A personal interest is not a conflict of interest which in general is
not a reason to abstain from discussing topics.
sorry to be very clear here: I've never read or heard such nonsense
inside other communities, I'm active in.
Apart from the validity of your statement: as we all know, TDF is not
the average organization.
your statement is nonsense. TDF is a foundation within the German civil
law and thus has to follow the rules of the German law system.
I think the documents, linked by Paolo in his email on this list, should
show, that all members with a personal interest had to keep out of any
discussion (and decision) of the corresponding topics.
So you and Paolo forget TDF rules? Let's take a detailed look then.
= TDF Statues =
= = = = = = = =
(...)
- - - -
(4) The board of directors prevents conflicts of interest within
the Foundation. The board of directors is therefore obliged to ensure,
that the board of directors itself, the membership committee, and the
advisory board, at maximum have one third of their members being
employed by a single company, organisation, entity or their respective
affiliates of the aforementioned. The board of directors can expel one
member per month from each of the foundations bodies, until the
conflict of interest situation is either settled, or a re-election of
the entity has been initiated. The board of directors can to resolve
the conflict of interest by expelling the necessary number of members
from other committee at once, and/or replace member by other members
of such committee.
- - - -
Conclusion: § 8.3. deals with § 8.4, i.e. the composition of the
foundations bodies.
- - - -
You should read the first sentence as the general rule. TDF and its
board has to prevent conflicts of interest. The further sentences give
TDF and its board only some explicit extra options / actions.
This dilutes not the general rule. If there is a conflict of interest
TDF and its board need to prevent it. Thus it has e.g. to follow the
rule of the law that nobody could be a judge in own cases, which covers
the whole process including the discussion of the case inside
the decision-making body.
This rule is not on the disposal of the BoD (and of TDF) to change this
rule. It is higher-ranking law.
Conclusion:
Stop talking about CoI without taking Common sense and applicable law in
many countries, also in Germany, into account. It is very clear that
you and also Thorsten and Gabor are not allowed to take part in the
whole decision making process about the three topics you declared an
personal interest, which is also a CoI.
Regards,
Andreas
--
## Free Software Advocate
## Plone add-on developer
## My blog: http://www.amantke.de/blog
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