Ben Sturmfels
531a97a3c9
The directory nesting is unnecessary here and confusing to navigate. I've moved all apps to the project subdirectory, currently called "www", but soon to be renamed "conservancy". I've also moved manage.py to the top-level directory.
496 lines
26 KiB
HTML
496 lines
26 KiB
HTML
{% extends "base_projects.html" %}
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{% block subtitle %}Conflict of Interest Policy - {% endblock %}
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{% block submenuselection %}Policies{% endblock %}
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{% block content %}
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<h1 id="software-freedom-conservancy-conflict-of-interest-policy">Software Freedom Conservancy Conflict of Interest Policy</h1>
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<h2 id="purpose">Purpose</h2>
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<p>The purpose of this conflict of interest policy (“Policy”) is to protect
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the Software Freedom Conservancy (“Conservancy”) and its Member Projects
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when Conservancy contemplates entering into a transaction or arrangement
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that might benefit the private interest of a Director, Officer or Staff
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Member of Conservancy or a member of a Project Leadership Committee
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(“PLC”), or might otherwise result in a possible excess benefit
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transaction. This Policy is intended to supplement but not replace any
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applicable state and federal laws governing conflict of interest
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applicable to nonprofit and charitable organizations.</p>
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<h2 id="conservancy-directors-officers-and-staff">Conservancy Directors, Officers and Staff</h2>
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<p>Directors, Officers and Staff Members of Conservancy (“Conservancy
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Persons”) each have a duty to protect Conservancy and its Member Projects
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from violating New York State and USA federal – and to avoid any appearance of
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impropriety. Conservancy Persons serve the public interest and are to have
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a clear understanding of Conservancy’s charitable mission. All decisions
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made by Conservancy Persons are to be made solely on the basis of a desire
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to promote the best interests of Conservancy and the public good.</p>
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<h3 id="defining-a-conflict-of-interest-for-a-conservancy-person">Defining a Conflict of Interest for a Conservancy Person</h3>
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<p>In general, Conservancy Persons should avoid making decisions on matters
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where their personal interests are at odds with the Conservancy’s
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interests. In particular, the following scenarios are to be identified as
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conflicts of interest:</p>
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<ul>
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<li>
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<p>A Conservancy Person (or their family member) is a party to a
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contract, or involved in a transaction with Conservancy for goods
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or services.</p>
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</li>
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<li>
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<p>A Conservancy Person (or their family member) is a director,
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officer, agent, partner, associate, employee, trustee, personal
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representative, receiver, guardian, custodian, legal representative or in
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some other way has a fiduciary duty to an entity involved in a transaction
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with Conservancy.</p>
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</li>
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<li>
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<p>A Conservancy Person (or their family member) is engaged in a substantial
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capacity or has a material financial interest in a for-profit enterprise
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that competes with Conservancy or a Conservancy Project.</p>
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</li>
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<li>
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<p>A Conservancy Person (or their family member) has a material
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financial interest in, or fiduciary duty to an entity Conservancy
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has engaged in a free software license compliance effort, enforcement
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effort, or related litigation on behalf of a Conservancy project.</p>
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</li>
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<li>
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<p>A Conservancy Person (or their family member) has a material
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financial interest in or fiduciary duty to the competitor of an entity
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Conservancy has engaged in a free software license compliance effort,
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enforcement effort, or related litigation on behalf of a Conservancy
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project.</p>
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</li>
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</ul>
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<p>Conservancy acknowledges that other situations may create the appearance
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of a conflict, or present a duality of interests. All such circumstances
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should be disclosed to the Board, as appropriate, and the Board shall make
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a decision as to what (if any) course of action Conservancy or relevant
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Conservancy Persons should take so that Conservancy’s best interests are
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not compromised by personal interests.</p>
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<h3 id="general-policies-for-conservancy-persons">General Policies for Conservancy Persons</h3>
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<ul>
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<li>
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<p><strong>No Personal Profit or Gain.</strong> No Conservancy Person (or family
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member) shall derive any personal profit or gain, directly or indirectly,
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by reason of their participation with Conservancy. Personal profit
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or gain does not include compensation approved by the Board for paid
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employees, or reimbursement of legitimate Conservancy expenses.</p>
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</li>
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<li>
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<p><strong>Disclosure and Abstention when Conflicted.</strong> Each Conservancy
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Person shall disclose to Conservancy’s Board any conflict of interest
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which he or she may have in any matter pending before Conservancy
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and shall refrain from participation in any decision on such matter.</p>
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</li>
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<li>
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<p><strong>Conservancy Conflict Disclosure Form.</strong> Every one year, each
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Conservancy Person shall complete a Conservancy Conflict Disclosure
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form attached as Exhibit A and submit it to the Board</p>
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</li>
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</ul>
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<h3 id="conflict-resolution-procedures-for-conservancy-persons">Conflict Resolution Procedures for Conservancy Persons</h3>
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<ul>
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<li>
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<p><strong>Disclosure of Conflict When Present.</strong> Prior to any Board or
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Board Committee action on a matter or transaction involving a conflict
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of interest, a Conservancy Person having a conflict of interest and
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who is in attendance at the meeting shall disclose all facts material
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to the conflict. Such disclosure shall be reflected in the minutes
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of the meeting. If board members are aware that Staff or other volunteers
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have a conflict of interest, relevant facts should be disclosed by
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the board member or by the interested person him/herself if invited
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to the Board meeting as a guest for purposes of disclosure.</p>
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</li>
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<li>
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<p><strong>Disclosure of Conflict When Absent.</strong> A Conservancy Person
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who plans not to attend a meeting at which he or she has reason to
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believe that the Board or Board Committee will act on a matter in
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which he or she is conflicted shall disclose to the Chair of the meeting
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all facts material to the conflict of interest. The Chairperson shall
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report the disclosure at the meeting and the disclosure shall be reflected
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in the minutes of the meeting.</p>
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</li>
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<li>
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<p><strong>Participation in Discussions and Votes Regarding Conflicted Matter.</strong>
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On a matter in which a Conservancy Person has a conflict of interest, the
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conflicted Conservancy Person must abstain from, and must not hear nor
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read the pre-vote discussions of the matter by the Board or Board
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Committee, except to disclose material facts and to respond to
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questions. The conflicted Conservancy Person shall not attempt to exert
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their personal influence with respect to the matter, either at or
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outside the meeting. The Conflicted Person may read minutes and/or
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logs of the matter’s discussion after voting is complete.</p>
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</li>
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<li>
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<p><strong>Participation in Votes Regarding Conflicted Matter.</strong> A conflicted
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Conservancy Person may not vote on the Board action with which he
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or she has a conflict of interest, and shall not be present in the
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meeting room (or on the conference call) when the vote is taken. His
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or her ineligibility to vote shall be reflected in the minutes of
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the meeting.</p>
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</li>
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<li>
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<p><strong>Conflicted Persons Cannot Establish Quorum.</strong> A conflicted
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Conservancy Person shall not be determining the presence of a quorum
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for purposes of a vote on the matter where he or she has a conflict
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of interest.</p>
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</li>
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<li>
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<p><strong>Managing an Officer’s Conflict of Interest.</strong> If a Conservancy
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Person is an Officer involved in a decision, matter or transaction
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in which he or she has a conflict of interest, he or she must immediately
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disclose all facts material to the conflict to the Chair of the Board
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(or the Chair’s designee). The Board must then approve any future
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decisions, negotiations, and/or other actions taken by the Officer
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regarding the conflicted matter, and include the person’s disclosure
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of the conflict and the Board’s subsequent actions in the minutes
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of the next meeting.</p>
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</li>
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<li>
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<p><strong>Managing a Staff Member’s Conflict of Interest.</strong> If a Conservancy
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Person is a Staff Member who has been assigned duties that involve
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a decision, matter or transaction in which he or she has a conflict
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of interest, he or she must immediately disclose all facts material
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to the conflict to the President (or the President’s designee). The
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President (or designee) must then approve any future decisions, negotiations,
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and/or other actions taken by the Staff Member regarding the conflicted
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matter, and file a written report acknowledging the potential conflict.</p>
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</li>
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<li>
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<p><strong>Confidentiality of Conflict Disclosures.</strong> Each Conservancy
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Person shall exercise care not to disclose confidential information
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acquired in connection with disclosures of conflicts of interest or
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potential conflicts, which might be adverse to Conservancy’s interests.</p>
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</li>
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</ul>
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<h2 id="project-leadership-committees">Project Leadership Committees</h2>
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<p>PLCs are comprised of volunteers, academics, and industry professionals
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that represent a Project’s community and make decisions about a Project’s
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technical direction (“PLC Persons”). Conservancy understands and
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expects that many PLC Persons exploit professional skills relating
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to their Project as individuals by providing developing, consulting,
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and/or training services. Nonetheless, each PLC Person has a duty
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to act in the best interests of their Project when making technical
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decisions about the Project.</p>
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<h3 id="defining-a-conflict-of-interest-for-a-plc-person">Defining a Conflict of Interest for a PLC Person</h3>
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<p>In general, PLC Persons should avoid making technical decisions on
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matters where their personal and/or professional interests are
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at odds with their Project’s interests. In particular, the following
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scenarios are to be identified as conflicts of interest:</p>
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<ul>
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<li>
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<p>A PLC Person (or their family member) is a party to a contract,
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or involved in a transaction with Conservancy for goods or services
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relating to their Project.</p>
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</li>
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<li>
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<p>A PLC Person (or their family member) is an employee, owner,
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or otherwise has a financial interest in an entity involved in a transaction
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with Conservancy relating to their Project.</p>
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</li>
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<li>
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<p>A PLC Person (or their family member) is a director, officer,
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agent, partner, associate, trustee, receiver, guardian, personal representative,
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custodian, legal representative or in some way has a fiduciary duty
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to an entity involved in a transaction with Conservancy relating to
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their Project.</p>
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</li>
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<li>
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<p>A PLC Person (or their family member) is engaged in a substantial capacity
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or has a material financial interest in a for-profit enterprise that
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competes with their Project.</p>
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</li>
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<li>
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<p>A PLC Person (or their family member) is the owner of copyrights
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that are the subject of a Conservancy-led compliance effort, enforcement
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effort, or related litigation – and the PLC Person (or a family member)
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has a material financial interest in or fiduciary duty to an entity
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adverse to this effort.</p>
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</li>
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</ul>
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<p>Conservancy further notes that a scenario may arise where a PLC Person
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(or their family member) works for, owns, or otherwise has a
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financial interest in an entity that competes with a second entity
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involved in a transaction with Conservancy regarding the Project in
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question. This may or may not result in a conflict of interest, depending
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on the specific facts. Should this scenario arise, Conservancy requests
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that the circumstances be disclosed to Conservancy’s Executive Director
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and to the PLC.</p>
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<p>Conservancy acknowledges that other situations may create the appearance
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of a conflict, or present a duality of interests. All such circumstances
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should be disclosed to Conservancy’s Executive Director and to the
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PLC, as appropriate, and the PLC shall make a decision as to what
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(if any) course of action the PLC or relevant PLC Persons should take
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so that the Project’s best interests are not compromised by personal
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interests.</p>
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<h3 id="general-policies-for-plc-persons">General Policies for PLC Persons</h3>
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<ul>
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<li>
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<p><strong>No Compensation for PLC Persons.</strong> No PLC Person shall receive any
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salary or other substantial benefit from Conservancy as compensation for his
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or her duties as a PLC Person. Compensation does not include reimbursement
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of legitimate Project expenses.</p>
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</li>
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<li>
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<p><strong>Disclosure and Abstention when Conflicted.</strong> Each PLC Person
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shall disclose to their PLC and to Conservancy’s Executive Director
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any conflict of interest which he or she may have in any matter pending
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before the PLC and shall refrain from participation in any decision
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on such matter.</p>
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</li>
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<li>
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<p><strong>Multiple Employees from the same Employer on a PLC.</strong> Conservancy
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discourages the practice of having multiple employees of the same
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employer serve on the same PLC. This practice increases the impact
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of any prospective conflict of interest with the employer on the PLC,
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and PLCs will have to exercise greater care to avoid the influence
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of the employer’s interests. If this situation is unavoidable, PLCs
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are encouraged to err on the side of caution in identifying all potential
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conflicts of interest relating to the employer.</p>
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</li>
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<li>
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<p><strong>Conservancy is Final Arbiter.</strong> Each PLC Person acknowledges
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that Conservancy is the final arbiter of any issue relating to potential
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conflict.</p>
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</li>
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<li>
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<p><strong>Project Conflict Disclosure Form.</strong> Each PLC Person shall complete
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a Project Conflict Disclosure form attached as Exhibit B and
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submit it to the PLC and to Conservancy’s Executive Director on an
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annual basis.</p>
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</li>
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</ul>
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<h3 id="conflict-resolution-procedures-for-plc-persons">Conflict Resolution Procedures for PLC Persons</h3>
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<ul>
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<li>
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<p><strong>Disclosure of Conflict When Present.</strong> Prior to any PLC or
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PLC sub-committee action on a matter or transaction involving a conflict
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of interest, a PLC Person having a conflict of interest and who is
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in attendance at the meeting shall disclose all facts material to
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the conflict. Such disclosure shall be reflected in the minutes of
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the meeting.</p>
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</li>
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<li>
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<p><strong>Disclosure of Conflict When Absent.</strong> A PLC Person who plans
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not to attend a meeting at which he or she has reason to believe that
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the PLC or PLC sub-committee will act on a matter in which he or she
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is conflicted shall disclose to the Chair of the meeting all facts
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material to the conflict of interest. The Chair shall report the disclosure
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at the meeting and the disclosure shall be reflected in the minutes
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of the meeting.</p>
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</li>
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<li>
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<p><strong>Participation in Discussions and Votes Regarding Conflicted Matter.</strong>
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On a matter in which a PLC Person has a conflict of interest, the
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conflicted PLC Person must abstain from, and must not hear nor
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read the pre-vote discussions of the matter by the PLC or PLC
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sub-committee, except to disclose material facts and to respond to
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questions. The conflicted PLC Person shall not attempt to exert
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their personal influence with respect to the matter, either at or
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outside the meeting. The conflicted PLC Person may read minutes and/or
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logs of the matter’s discussion after voting is complete.</p>
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</li>
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<li>
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<p><strong>Participation in Votes Regarding Conflicted Matter.</strong> A conflicted
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PLC Person may not vote on the PLC action with which he or she has
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a conflict of interest, and shall not be present in the meeting room
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(or on the conference call) when the vote is taken. His or her ineligibility
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to vote shall be reflected in the minutes of the meeting.</p>
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</li>
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<li>
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<p><strong>Conflicted Persons Cannot Establish Quorum.</strong> A conflicted
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PLC Person shall not be determining the presence of a quorum for purposes
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of a vote on the matter where he or she has a conflict of interest.</p>
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</li>
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</ul>
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<h3 id="procedures-for-conservancy-retaining-plc-persons-services">Procedures for Conservancy Retaining PLC Person’s Services</h3>
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<p>Notwithstanding the above, Conservancy acknowledges that many PLC
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Persons are technical service contractors (e.g., software developers,
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documentation writers, website developers, etc.) who can provide professional
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services useful to advance computing and contribute to Conservancy’s mission.
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In many instances, a PLC Person will have the strongest mix of credentials,
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experience, and interest and availability to fulfill a technical service
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contract desired by Conservancy and/or a Project. To address those
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instances, Conservancy requests Projects to follow the following procedures.</p>
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<ul>
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<li>
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<p><strong>Drafting the Technical Service Proposal.</strong> PLCs must draft
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a written proposal for every technical service project their Project
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wishes to fund. During the drafting process, if a PLC Person (or his
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or her family member), a PLC Person’s employer and/or a fellow employee
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of PLC Person’s employer wish to be considered a candidate to fulfill
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the funded technical service contract, that PLC Person has a conflict
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of interest and must recuse herself or himself from the proposal drafting
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process, except to disclose material facts and to respond to questions,
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and must abstain from any vote to approve that proposal. All other
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procedures as outlined in
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<a href="#conflict-resolution-procedures-for-plc-persons">Conflict Resolution Procedures for PLC Persons</a>
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shall still apply. The PLC must document the PLC Person’s abstention from the
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proposal drafting process in the minutes of the next PLC meeting.</p>
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</li>
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<li>
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<p><strong>Selecting a PLC Person to Fulfill a Contract.</strong> Once a PLC
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has drafted and approved a technical service proposal, the PLC is free to
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consider qualified candidates to fulfill the funded contract. If the
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PLC wishes to recommend that Conservancy contract with a PLC Person
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to carry out the work, the following criteria must be met:</p>
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</li>
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<li>
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<p><strong>Suggested Compensation.</strong> The PLC must provide Conservancy’s
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Executive Director (or designee) with a suggested compensation (converted
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into an hourly wage) for the technical service contractor to be retained to
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fulfill the funded contract.</p>
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</li>
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<li>
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<p><strong>Independent Assessment of Credentials.</strong> The PLC (or an unaffiliated
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PLC Person) must provide Conservancy’s Executive Director (or designee)
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with a written assessment as to why the PLC Person is uniquely qualified
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to fulfill the funded contract.</p>
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</li>
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<li>
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<p><strong>Conservancy Retains Right to Request Competitive Bids.</strong> PLCs
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acknowledge that Conservancy retains the right to ask for bids from
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technical service contractors in addition to PLC Person to fulfill a given contract.
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Should that instance arise, Conservancy’s Executive Director (or designee)
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will consult with the PLC to select the candidate best suited to fulfill
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the contract within the budget allotted.</p>
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</li>
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<li>
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<p><strong>Conservancy holds Sole Authority to Negotiate and Execute Contracts.</strong>
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PLCs acknowledge that Conservancy holds sole authority
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to negotiate and execute contracts on behalf of Member Projects. In
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turn, Conservancy pledges to negotiate all contracts zealously, putting
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the best interests of the affected Member Project first. To avoid
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any conflicts, PLCs must not engage in any pre-negotiation with prospective
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technical service contractors – including PLC Persons – beyond collecting the terms
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of the technical service contractor(s)’ bid.</p>
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</li>
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</ul>
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<h2 id="project-community-members-participating-corporations-and-volunteers">Project Community Members: Participating Corporations and Volunteers</h2>
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<p>The work accomplished by Conservancy and its Member Projects would
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not be possible without the generous donation of time, funds, and
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support Project Community Members – including participating corporations,
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sponsors, and volunteers alike. Community members are not traditionally
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considered to be “interested persons,” and all decision-making
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authority rests with the PLCs and/or Conservancy.</p>
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<ul>
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<li><strong>Community Members Cannot Direct Funds.</strong> Community Members
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are free to offer suggestions and engage in open dialogue with PLCs and/or
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key developers and architects regarding a Project’s technical direction. However,
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each PLC and Conservancy must together maintain sole and final control
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over that Project’s technical direction and charitable mission. Community
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Members who make financial donations do not receive any additional
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control over a Project’s technical direction beyond what is available
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to other vocal, active, and contributing community members.</li>
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</ul>
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<h2 id="exhibit-a-conservancy-conflict-disclosure-form">Exhibit A: Conservancy Conflict Disclosure Form</h2>
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<p>Directors, Officers and Staff Members of Conservancy each have a duty
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to protect Conservancy and its Member Projects from violating state
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and federal laws – and to avoid any appearance of impropriety. Conservancy
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Persons serve the public interest and are to have a clear understanding
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of Conservancy’s charitable mission. All decisions made by Conservancy
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Persons are to be made solely on the basis of a desire to promote
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the best interests of Conservancy and the public good.</p>
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<p>This Form is to be completed every one year and submitted to the
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Chairperson of Conservancy’s Board</p>
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<p>Date: <code>__________________________</code></p>
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<p>Next Form to be completed by (one year from now): <code>__________________</code></p>
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<p>Name: <code>__________________________</code></p>
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<p>Position (employee/officer/trustee): <code>_________________________________</code></p>
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<p>I affirm the following:</p>
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<ul>
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<li>
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<p>I have received a copy of the Software Freedom Conservancy Conflict
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of Interest Policy. <code>__________________</code> (initial)</p>
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</li>
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<li>
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<p>I have read and understand the policy. <code>_________</code> (initial)</p>
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</li>
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<li>
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<p>I agree to comply with the policy. <code>_________</code> (initial)</p>
|
|
</li>
|
|
<li>
|
|
<p>I understand that Conservancy is a public charity and in order to
|
|
maintain its federal tax exemption it must engage primarily in activities
|
|
which accomplish one or more of tax-exempt purposes. <code>_________</code> (initial)</p>
|
|
</li>
|
|
</ul>
|
|
<p>Disclosures:</p>
|
|
<p>Please describe below any relationships, transactions, positions you
|
|
(or your family member) hold, or any other circumstances that you
|
|
believe could cause a conflict of interest as defined by the Policy
|
|
between your duty to Conservancy and your personal interests, financial
|
|
or otherwise:</p>
|
|
<p><code>________</code> I have no conflicts to report</p>
|
|
<p><code>________</code> I have the following conflicts and/or potential conflicts
|
|
to report:</p>
|
|
<pre><code>__________________________________________________________________________
|
|
|
|
__________________________________________________________________________
|
|
|
|
__________________________________________________________________________
|
|
|
|
__________________________________________________________________________
|
|
|
|
__________________________________________________________________________
|
|
</code></pre>
|
|
<p>I hereby certify that the information set forth is true and complete
|
|
to the best of my knowledge.</p>
|
|
<p>Signature: <code>______________________________________</code></p>
|
|
<p>Date: <code>_________________</code></p>
|
|
<h2 id="exhibit-b-project-leadership-committee-conflict-disclosure-form">Exhibit B: Project Leadership Committee Conflict Disclosure Form</h2>
|
|
<p>Each volunteer, academic and/or industry professional that serves
|
|
on a Conservancy Member Project’s Project Leadership Committee (PLC)
|
|
have a duty to act in the best interests of their Project when
|
|
making decisions about the Project’s technical direction. Every committee
|
|
member must also abide by New York State and USA federal laws associated with non-profit
|
|
organizational governance.</p>
|
|
<p>Committee members must complete this form annually and submit it to
|
|
their PLC and to Conservancy’s Executive Director.</p>
|
|
<p>Date: <code>_____________</code></p>
|
|
<p>Next Form to be completed by (one year from now): <code>___________</code></p>
|
|
<p>Name: <code>____________________________________</code></p>
|
|
<p>Position (if applicable): <code>________________________________</code></p>
|
|
<p>Employer (if student or self-employed, please indicate): <code>________________________________</code></p>
|
|
<p>I affirm the following:</p>
|
|
<ul>
|
|
<li>
|
|
<p>I have received a copy of the Software Freedom Conservancy Conflict
|
|
of Interest Policy. <code>_________</code> (initial)</p>
|
|
</li>
|
|
<li>
|
|
<p>I have read and understand the policy, in particular, Section 3 (relating
|
|
to PLCs). <code>_________</code> (initial)</p>
|
|
</li>
|
|
<li>
|
|
<p>I agree to comply with the policy. <code>_________</code> (initial)</p>
|
|
</li>
|
|
<li>
|
|
<p>I understand that Conservancy is a public charity and in order to
|
|
maintain its federal tax exemption it must engage primarily in activities
|
|
which accomplish one or more of tax-exempt purposes. <code>_________</code> (initial)</p>
|
|
</li>
|
|
</ul>
|
|
<p>Disclosures:</p>
|
|
<p>Please describe below any relationships, transactions, positions you
|
|
(or your family member) hold, or any other circumstances that you
|
|
believe could cause a conflict of interest as defined by the Policy
|
|
between your duty to your Project and your personal interests, financial
|
|
or otherwise:</p>
|
|
<p><code>________</code> I have no conflicts to report</p>
|
|
<p><code>________</code> I have the following conflicts and/or potential conflicts
|
|
to report:</p>
|
|
<pre><code>__________________________________________________________________________
|
|
|
|
__________________________________________________________________________
|
|
|
|
__________________________________________________________________________
|
|
|
|
__________________________________________________________________________
|
|
|
|
__________________________________________________________________________
|
|
</code></pre>
|
|
<p>I hereby certify that the information set forth is true and complete
|
|
to the best of my knowledge.</p>
|
|
<p>Signature: <code>________________________________________</code></p>
|
|
<p>Date: <code>____________________________________</code></p>
|
|
|
|
{% endblock %}
|