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

[Steve Swinsburg]

> 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?


In terms of the board, that is my interpretation. 

The conflict of interest is declared (as per Article III Part 1 (Duty to Disclose) and if an item comes up for discussion then those procedures are followed.
Article III Part 4 also covers violations of the policy. 

As for the TCC, there is no official conflict of interest policy. In the past it has again been up to the individual to recuse one's self.
https://confluence.sakaiproject.org/display/TCC/TCC+Governance

Perhaps we should formalise this?

cheers,
Steve



On 30/03/2012, at 9:57 AM, Ray Davis wrote:

> 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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