[Koha] Users and developers (was KUDOS - ALA Proposed Agenda)

David Schuster dschust1 at tx.rr.com
Thu Jan 21 03:41:23 NZDT 2010


http://www.irs.gov/instructions/i1023/ar03.html  - here is a sample of a
conflict of interest policy from the IRS for discussion.

David Schuster

David Schuster wrote:
> 
> Again thanks for following through and making suggestions:
> 
> http://www.irs.gov/charities/article/0,,id=139515,00.html  - an article
> about having a policy to deal with conflict of interest.
> 
> The concern for having the 501c3 exemption status pulled by the IRS was
> the concern.  The board will have to put this policy together and submit
> it as well with the application.  
> 
> If KUDOS in the future does fund development we were trying to look long
> term and avoid conflict of interest through membership.
> 
> It will be part of the board members duty(as volunteers) to provide
> diligence that the policy is maintained and followed.  It is hard to
> anticipate how this will work so again it is hard to write when we haven't
> done it before.  Again we are open for suggestions and comments!  Keep
> them coming!
> 
> David Schuster
> 
> MJ Ray-2 wrote:
>> 
>> David Schuster wrote: [...]
>>> I hate confrontation and love constructive criticism - and am open for
>>> suggestions on how to make this work for the community in North America. 
>>> I
>>> don't want to put people at opposite poles, but also must work within
>>> the
>>> regulations of the IRS. [...]
>> 
>> I think the IRS is pretty well-documented online, as is the non-profit
>> law of quite a few states of the USA, so I know I don't know the law
>> there, but I hope it's online.  The IRS non-profit web homepage is
>> http://www.irs.gov/charities/index.html?navmenu=menu1
>> but I didn't find the Pennsylvania Nonprofit Corporation Law online.
>> What particular IRS regulation is motivating developer marginalisation?
>> 
>> Some UK charities exclude workers from membership needlessly and I
>> feel that's because someone misunderstood the limits on commercial
>> activity.  As long as the non-profit is clearly structured so it can't
>> be used for tax evasion or other naughties, there shouldn't be a
>> problem, should there?
>> 
>> I'm pretty sure that KUDOS has got to answer the question of corporate
>> membership anyway because many user libraries will be corporations
>> rather than individual librarians, so can developer corporations
>> be handled by the same protections?
>> 
>>> I am open to suggestions on how we can get KUDOS up and running so as to
>>> function to benefit all of us.  I see KUDOS as a major help in getting
>>> conferences to work, possible joint development/grant writing/managing -
>>> IMLS is always looking for collaborative ventures between various
>>> library
>>> types.  WE ARE IT!
>> 
>> Open the membership, open the organisation, gather members, build
>> consensus.  Maybe when we've a bit more information, people can
>> suggest or do more specific actions.
>> 
>> Looking at the bylaws again for suggestions: I think there should also
>> be a minimal activity requirement for good standing and an ability to
>> refuse to renew members who are not in good standing.  Otherwise, it
>> is possible to become paralysed with idle members.
>> 
>> Other failure cases I've seen are a present-but-idle majority on the
>> board and a failure to organise board meetings or elections.  It looks
>> like http://kudos.koha.org/bylaws/ doesn't handle those yet either.
>> It would be good to give the wider membership a last chance to regain
>> control of the corporation legitimately, but I don't know how that
>> sits with local laws.
>> 
>> Hope that helps,
>> -- 
>> MJ Ray (slef)  Webmaster and LMS developer at     | software
>> www.software.coop http://mjr.towers.org.uk        |  .... co
>> IMO only: see http://mjr.towers.org.uk/email.html |  .... op
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>> http://lists.katipo.co.nz/mailman/listinfo/koha
>> 
>> 
> 
> 

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