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Re: IASA BCP Conflict of Interest Clause?

2004-12-22 09:17:37

Hi Brian,

Margaret Wasserman wrote:
One question arose when we were writing the original BCP that I haven't seen discussed on the list...
 Do we need a conflict of interest clause in the BCP?  Something like:
The IAD and IAOC may not accept bids from nor establish contracts with members of the IAOC, their family members, their employers or companies in which they have a significant financial interest. If such a conflict of interest arises, it should be quickly resolved through contract termination or the resignation of the IAOC member involved.

Actually a more normal approach is for the conflicted member to
recuse him/herself from discussion and voting on the contract in
question. I don't think resignation is obligatory.

Yes, that would make more sense than resignation for individual decisions or Harald's meeting sponsor example.

I was thinking more of ongoing contracts... For instance, let's say that we contract with Margaret's Meeting Management (MMM -- and no, I am not considering a new career :-)) for our meeting planning. Would it be reasonable for someone who works for MMM to be an IAOC member? Would he/she need to recuse him/herself from every decision having to do with meetings?

iirc, it isn't essential to have such a clause, because it is
implied by generic laws - but it probably does no harm to include
it, subject to lawyer advice.

Yes, legal advice would be good. I don't know what the general laws are and/or how they are affected by the fact that this is a volunteer position and not a government post...

If we're already covered by U.S. law then we don't need anything in the BCP (IMO), but we do need to be aware of what the law says.

Margaret



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