LC Administration Conflicts of Interest

src/administrative-conduct/conflicts-of-interest.md

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+# LC Admin Conflicts of Interest Rules
+
+## Duty of Care to LC
+
+Any person, being an Admin of LC or a member of a team thereof shall owe a duty of good faith and care to LC when acting in that capacity, and shall take actions and consider all decisions to take actions in the course of that position, in furtherance of the interests of LC as a whole.
+
+Each person referred to in this section shall use their own good judgement to determine whether an action advances the interests of LC as a whole, rather than any personal or third party interest.
+
+## Conflicts of Interest, General
+
+Unless provided for otherwise, an LC Admin, or a Member of an LC Admin Team, has a conflict of interest on any decision or action, where the person has an interest, personal or professional, or as an agent or feduciary of a third party, to make a particular decision or to take a particular action, or where that person is otherwise rendered incapable of making a decision or taking an action in the best interests of LC as a whole.
+
+## Decisions, Abstained when Conflict Exists
+
+Except as provided for otherwise, an LC Admin, or a Member of an LC Admin Team, being aware that they have any conflict of interest on a particular decision, shall be abstained from that decision in that instance. 
+
+## Actions, Seconds, prohibited when Conflict Exists
+
+Except as provided for otherwise, no LC Admin, or Member of an LC Admin Team, may take an action, nor provide a second for an action, being aware that they have a conflict of decision on that particular action.
+
+Notwithstanding the above, no LC Admin shall be prohibited from taking an action authorized under Emergency Administrative Authority, which is necessary in an emergency situation, in any review, investigation, or inquiry that occurs as a result of the emergency action that would otherwise be prohibited by this section, take particular notice of the existance of that Conflict, as well as if any other LC Admin, LC Admin Team, or member of such a team could have taken an action in that situation instead.
+
+## Representing Affiliation prohibited when Conflict would arise
+
+An LC Admin or a Member of an LC Admin Team shall not represent themselves to a 3rd party as such, if they know or reasonably should know that doing so would generate a Conflict of Interest, or would harm the reputation or interests of LC as a whole.
+
+## Duty to Inform - Own Conflicts
+
+If any decision is presented to the LC Admins or to an LC Admin Team, any person who is party to making that decision shall have a duty to inform the Admins or the Team, as the case may be, of any Conflicts of Interest that person know they have with respect to that decision.
+
+For greater certainty, the member may inform the Admins or the Team of the conflict in private, even for a public decision.
+
+
+## Duty to Inform - Aware of Other's Conflicts
+
+If any decision is presented to the LC Admins or to an LC Admin Team, any person who is party to making that decision shall have a duty to inform the Admins or the Team, as the case may be, of any Conflicts of Interest that they know any other party to the decision has with respect to that decision, if they are one of the following:
+* A personal financial interest in the decision,
+* A financial interest of any corporation or organization, for profit or otherwise, which the person is an officer, agent, voting member, or member of a Board of Directors or other authoritative decision making body thereof, or
+* A personal, non-financial, interest in any authority divested by the decision, except as to authorities of LC divested to members thereof, 
+* Any other interest which the member having this duty knows or has reason to know would render the member incapable of acting in the furtherance of the interests of LC as a whole.
+
+A member informing the Admins or a Team of a conflict of another member shall do so privately, even for a public decision.
+
+## Duty to Inform - Review after the Fact
+
+In the case of Review of any action, a person who was party to making that decision shall have a duty to inform the body conducting that review of any Conflicts of Interest that person know they have which could have caused impropriety or could create the appearance of impropriety in the reasonable view of the Members. 
+A person shall additionally have a Responsibility to Inform the body conducting that review of any Conflicts of Interest that person knows they have, where that person was abstained from the decision for that purpose.
+
+In the case of Review of an Emergency Action taken by an Admin, a person who was responsible for that action shall have a duty to inform the body conducting that review of any Conflicts of Interest that person knows or knew they have which could have caused impropriety or could create the appearance of impropriety in the reasonable view of the Members. 
+
+
+
+## Responsibility to Inform - No Conflict by Way of Exception
+
+An LC Admin or member of an LC Admin Team, should inform the other members thereof, if any circumstance arises in respect to a decision that would be a conflict but for any exception listed below. 
+Notwithstanding, a member shall not be held to account on any punitive measure for a failure to inform unless they know or reasonably should know that failure would harm the interests of LC as a whole.
+
+## No Conflict - Projects of LC
+
+No Conflict of Interest shall be deemed to exist by way of interest in a project of LC, including as a Lead of an Independent Leadership Model project, unless the interests of the project come into direct opposition to the interests of LC as a whole.
+
+## No Conflict - Duty to LC
+
+No Conflict of Interest shall be deemed to exist by the fact the member making the decision is or was a member of the LC Admins, or is or was a member of any LC Admin Team, nor has acted in the past as an agent of LC.
+
+Notwithstanding the above, a Conflict of Interest exists if the member making the decision, in the course of their duties as a Admin, member of an LC Admin Team, or agent of LC, acted in violation of any authority
+
+## No Conflict - Member of Wide Purpose Group
+
+No Conflict of Interest shall be deemed to exist by the fact that the member making the decision is a member, including a voting member, of any organization or corporation, provided that organization or corporation is:
+* An open source software foundation,
+* An organization that primarily develops standards, specifications, or other technical documents, or
+* A collective organization primarily based out of an Academic Institution, such as a student union, or faculty/department society, and
+
+the member has no greater authorities or duties than any other voting member thereof.
+
+## No Conflict - Appointment to position in LC
+
+No Conflict of Interest shall be deemed to exist by the fact that the member making the decision is the subject of that decision to appoint the member to any LC Admin Team, as an LC Admin, as an agent of LC, nor as the Lead of any Project, including an ILM project.
+
+## Exception, Admins - Interest held by all Admins in purpose for LC
+
+No LC Admin shall be prohibited from taking any action or being party to any decision of the LC Admins for reason of a Conflict of Interest that is held by all LC Admins, and arises for a purpose created by LC.
+
+This exception shall not apply if the circumstances arise because of leadership of an Independent Leadership Model Project, but notwithstanding that, the LC Admins may vote to designate a substitute body to handle the decision in that case.
+
+## Exception - Circumstances Created by decision of LC
+
+No LC Admin nor member of an LC Admin Team shall be prohibited from taking any action or being party to any decision of the LC Admins or that Team, for reason of a Conflict of Interest that was created as the direct result of a decision made by the LC Admins or an LC Admin Team.
+
+
+## Application to ILM Project Leads
+
+The Leads of Each ILM Project may adopt its own rules for conflicts of interests. Until a project does, it shall be subject to these rules, but the Leads shall owe a duty to the ILM Project, rather than to LC, except in matters that affect LC as a whole.