[Using Sakai] [Building Sakai] Blog Post and Press Release about Dr. Chuck, Blackboard and Sakai

[Ray Davis]

Being just a naive software engineer, I admit to assuming that working 
for the University of California was slightly less 
conflict-of-interest-y than working for Blackboard would be, and so I 
got curious. (Confidentiality, of course, is a very different issue from 
conflict of interest.) I think this is the relevant part of the Sakai 
Foundation Bylaws at 
<http://sakaiproject.org/sites/default/files/Sakai%20Foundation%20Official%20bylaws%20v%202.0.pdf> 
:

== clip start ==

After disclosure of the financial interest and all material facts, and 
after any discussion with the interested person, he/she shall leave the 
governing board or committee meeting while the determination of a 
conflict of interest is discussed and voted upon. The remaining board or 
committee members shall decide if a conflict of interest exists.

Procedures for Addressing the Conflict of Interest

a. An interested person may make a presentation at the governing board 
or committee meeting, but after the presentation, he/she shall leave the 
meeting during the discussion of, and the vote on, the transaction or 
arrangement involving the possible conflict of interest.

b. The chairperson of the governing board or committee shall, if 
appropriate, appoint a disinterested person or committee to investigate 
alternatives to the proposed transaction or arrangement.

c. After exercising due diligence, the governing board or committee 
shall determine whether the Organization can obtain with reasonable 
efforts a more advantageous transaction or arrangement from a person or 
entity that would not give rise to the conflict of interest.

d. If a more advantageous transaction or arrangement is not reasonably 
possible under circumstances not producing a conflict of interest, the 
governing board or committee shall determine by a majority vote of the 
disinterested directors whether the transaction or arrangement is in the 
Organization’s best interest, for its own benefit, and whether it is 
fair and reasonable. In conformity with the above determination it shall 
make its decision as to whether to enter into the transaction or 
arrangement.

== clip end ==

So if I understand this correctly, it's up to the Sakai Board and Sakai 
Technical Coordination Committee to each decide on their own, and both 
of them have decided it's fine. Does that sound about right?

Best,
Ray

On 3/29/12 3:09 PM, csev wrote:
>
> On Mar 27, 2012, at 7:23 AM, Stephen Marquard wrote:
>
>> Hi Chuck,
>>
>> I'm wondering if you could outline your plans to handle the obvious
>> conflicts of interest which would arise through your Sakai Board and
>> Sakai TCC positions, both of which conduct discussions out of public
>> view (i.e on private lists not open to the community).
>>
>> While there are other commercial affiliates involved in Sakai, I
>> believe this could be the first time that we have a representative of a
>> commercial concern with two or more competing products in its stable
>> involved in day-to-day Sakai work.
>
> Stephen,
>
> The fact that Blackboard has interest in five products (actually many
> more) is not particularly relevant. Existing commercial affiliates have
> Drupal, Moodle, Sakai, uPortal, Liferay, Shibboleth, and have plenty of
> closed-source code for one customer or another. We don't need to address
> a Unicon conflict because they as a company they invest in both Moodle
> and Sakai or if they do closed source work for one of their customers.
>
> In terms of the board, the key to conflict of interest is to reveal it
> and make sure to recuse one's self when appropriate. I attach my board
> statement to this message - I will err on the side of recusing more
> rather than less often.
>
> I will simply continue to use all the public lists like I always have.
> When the TCC or Board have private discussions - there are reasons for
> the privacy in those discussions and I am responsible to protect the
> confidential information in those discussions regardless of what
> organizations I work for. Blackboard (like all organizations) has a
> standard policy that I am to meet any and all obligations I have to
> protect (i.e. not reveal) any confidential information in my possession
> from any organization.
>
> Frankly all of us have information from our organizations that is not to
> be revealed on public lists or to other organizations or people. We are
> all to exercise due diligence protecting the confidential information of
> our organizations. I currently have confidential information from the
> University of Michigan, IMS, Sakai Foundation, and many others in
> addition to new confidential information I may encounter as I work for
> Blackboard. It is my responsibility not to reveal any confidential
> information on a public list nor to reveal confidential information I
> possess from one organization to another.
>
> My arrangement with Blackboard is no different than the arrangements
> that everyone has with our one or more employing organizations.
>
> /Chuck
>
>
>
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