• RuleDiscussionConflictOfInterest

Discussion wiki page

CAcert Association Rule: Conflict of Interest

''Original proposition of the resolution (end of October 2008)''

• Special Resolution for a change to the Association Rules: Rule 3 (Nomination for membership) and Rule 6 (Membership and Conflict of Interest) (Resolution was received after 17th of Ocotber, so is not for vote on this 2008 AGM):

  • Rule 3 Nomination for membership (c) to be changed into:

  • (c) Nominee must not have any conflict of interest with CAcert goals and principles. Examples: being employed or contracted with either a Certificate Authority, Intelligence or similar Agency.

  • Rule 6 Membership and Conflict of Interest (1) to be changed into:

  • (1) If a member enters in any conflict of interest with CAcert goals and principles (Examples: being employed or contracted with either a Certificate Authority, Intelligence or similar Agency) , that person must [....]

    • Resolution	Proposed By	Seconded By	Notes
      Conflict of Interest Rule 3(c) and 6(1)	Guillaume Rogmany	Teus Hagen	not for vote on AGM2008

Discussions early Novermber 2008

• An alternate conflict of interest amendment is below (by Daniel Black added 6 Nov 2008).
  • Reasons for change are:
  • Employeed by a CA is a conflict of interest by definition of nature of business, Intelligence agency isn't necessary.
  • Remove perception of being a little radical or subversive ("if Intelligence agencies are interested in us we must be doing something bad")
  • Finite sets of conflicts of interest categories are of limited value and expanding these so members and nominees consider conflicts of interest.
  • conflicts of interest and perceived conflicts of interest should be committee managed rather than immediate disqualification.

  Proposal:

• Rule 3 (1) Nomination for membership - append:

      (e) Conflicts of Interest and perceived conflicts of interest (defined in 6 (2)) are to be declared upon nomination. The committee may reject or accept subject to reasonable conditions the nominees application.
      (f) In case of a conflict, the association membership can only be passed on the next GM.

• Rule 6 Membership and Conflict of Interest (1) - append:

    (2) Conflicts of interest can arise because of a:
      (a) personal interests being contrary to the goals and interests of CAcert, or
      (b) if a persons has strong ties via employment, association or
obligation to an entity with goals or interests contrary to CAcert,
    (3) A member must notify the secretary of any conflict of interest or perceived conflict of interest as soon as they reasonably become aware of the conflict. The committee decides the continuation of the
association membership of the member notification or on the failure of the association member to comply reasonably to the conflict of interest disclosure. (TODO - resolutions that the committee can do need to be here e.g. -  The committee, based on the conflict of interest declaration, will have the power to expel or impose reasonable conditions on the members continued association membership.)

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