[Board] Motions

[Dave McIlhagga]

The relevant OSGeo Policy is as follows:


B. No officer, employee, or agent of the Agency shall participate in the selection, award, or administration of a purchase or contract with a vendor where, to his knowledge, any of the following has a financial interest in that purchase or contract:
	• The officer, employee, or agent;
	• Any member of their immediate family;
	• Their partner;
	• An organization in which any of the above is an officer, director, or employee;
	• A person or organization with whom any of the above individuals is negotiating or has any arrangement concerning prospective employment.


Personally I'd be inclined to say Mark does not have a conflict of interest based on this criteria. However, that's intended to be a decision of the board per the following:


D. Board Action--When a conflict of interest is relevant to a matter requiring action by the Board of Directors, the interested person(s) shall call it to the attention of the Board of Directors and said person(s) shall not vote in favor or against the matter. However, the person may vote Abstain to contribute to having quorum for the decision. When there is a doubt as to whether a conflict exists, the matter shall be resolved by vote of the Board of Directors, excluding the person(s) concerning whose situation the doubt has arisen.


Clearly there is disagreement on whether conflict exists, so I believe that the board is skipping a crucial step here, and that is to have a board vote (excluding Mark) on whether there is in fact a conflict of interest.


Dave





On 2013-07-26, at 8:52 AM, Jeff McKenna <jmckenna at gatewaygeomatics.com> wrote:

> On 2013-07-26 9:40 AM, Mark Lucas wrote:
>> 
>> I feel there is no conflict of interest, I simply volunteered to help
>> out in promoting what I thought was best for the organization.  Normally
>> I'd shrug it off.  However, I suspect that the vote is close enough that
>> this vote could swing one way or the other based on someone else's
>> incorrect assessment that I have a conflict of interest.  The custom
>> voting instructions essentially says that Mark Lucas can't vote.  and
>> yes, now were in a situation where we can be criticized either way given
>> a close vote….
>> 
>> Mark
>> 
> 
> How can it not be a conflict of interest, when a person is on one
> bidding local committee, and that same person has to decide which bid is
> better?
> 
> To me this is a clear conflict of interest.  I am trying to imagine me
> being on a bidding local committee, and then being on the Board and
> being allowed to vote.
> 
> I'm missing the reasons here.
> 
> -jeff
> 
> 
> 
> 
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