ESC technical budgeting and declaration of potential COI

[floeff]

Hello,

based on feedback from our lawyer, I share the following document:

tdf_budget_2023-06-28_further_comments_CP-clean.odt

This version has been advised by our lawyer. This is the version the following paragraphs are based on.

A part of the ESC technical budgeting process is the COI declaration.

The text the lawyer proposes for this is as follows:

I, [name, surname] as Voting Member of the ESC and/or Voting Member applying to participate in the select committee, in the ESC ranking procedure, hereby declare that

• I am Affiliate [^1] of the following entities:

  [Entity A]
  [Entity B]

• That [none of the above | Entity […]] intends to place bids on the tenders resulting from the Technical Budget and, on my honour, that I am not aware that any such potential situation could reasonably materialize between the date of the vote and the date of tendering.

I am aware that by entering a false, reticent or misleading declaration, an Affiliated Entity could be disqualified from the entire set of ranked tendering procedures and that by voting, the Affiliated entities will not be able to participate in such tenders.

[^1]: Affiliation has the corresponding meaning as laid down in the ESC voting procedure document, please read them carefully before responding.

The process as advised by the lawyer is that declarations of potential COI should take place here in this thread.

Thanks
Florian

[cornouws]

Hi Florian, all,

[floeff] floeff https://community.documentfoundation.org/u/floeff

based on feedback from our lawyer, I share the following document:

Thanks for helping with this!

The text the lawyer proposes for this is as follows:

Two clarifications here:

I, [name, surname] as Voting Member of the ESC and/or Voting Member
applying to participate in the select committee, in the ESC ranking
procedure, hereby declare that

The following is either-or:

  * I am Affiliate [^1] of the following entities:

    [Entity A]
    [Entity B]

  * That [none of the above | Entity […]] intends to place bids on
    the tenders resulting from the Technical Budget and, on my
    honour, that I am not aware that any such potential situation
    could reasonably materialize between the date of the vote and
    the date of tendering.

and

...
declaration, an Affiliated Entity could be disqualified from the
....
Affiliated entities will not be able to participate in such tenders.

[^1]: Affiliation has the corresponding meaning as laid down in the

The ESC voting procedure (*) uses the term ‘associate’ and not affiliate.

Cheers,
Cor

*)

[VOTE] Technical Budgeting Procedure

Dear directors, Calling for a vote for this procedure, part of our tendering procedure, as it has been discussed over the past months. Note: the following Technical Budgeting Procedure is based on the work from Carlo Piana with the board and then as agreed some latest insubstantial changes were made after discussion in the board. The vote runs for 72h from now on. Please answer with +1/0/-1. Technical Budgeting Procedure Preamble This is a document generated to immediately tackle the budg…

[floeff]

@cornouws

The ESC voting procedure (*) uses the term ‘associate’ and not affiliate.

That’s why I uploaded the version of the document that has been advised by our lawyer. The version voted on differs from that.

[floeff]

@cornouws

The following is either-or:

I talked to the lawyer and he confirmed the following: It is A AND B. You are affiliate AND those companies do not intend to tender. It’s NOT “OR”.

He literally said that “nobody in their mind would think otherwise”.

TDF also cannot further define the understanding of the bidders. Explanations have been given at length already.

[cornouws]

Hi,

[floeff] floeff https://community.documentfoundation.org/u/floeff

I talked to the lawyer and he confirmed the following: It is A AND B.
You are affiliate AND those companies do not intend to tender. It’s NOT
“OR”.

He literally said that “nobody in their mind would think otherwise”.

TDF also cannot further define the understanding of the bidders.
Explanations have been given at length already.

Reading:
https://community.documentfoundation.org/t/vote-technical-budgeting-procedure/9520:

"

Exclusion From Tendering

Voting on a matter OR making a determination while being in a COI
situation on the subject matter, OR not declaring a potential COI as per
the Declaration Of Potential Conflict Section is per se a COI and ground
for exclusion from the tendering procedure, if at least one of the
entities to which the member is Associate places a bid in a tender
resulting from the Technical Budgeting.
"

That means, as discussed at length: if you vote on ranking you do not
bid (etc. etc). That is by intention, for various reasons.

The declaration text above combines stating a (potential) CoI and
abstaining from bidding.
To me that seems not in line with the procedure. What do I miss please?

Thanks,
Cor

[floeff]

@cornouws

The declaration text above combines stating a (potential) CoI and
abstaining from bidding.
To me that seems not in line with the procedure. What do I miss please?

See the internal discussion on the topic for some update and further feedback. I guess we follow-up here a bit later.