[Foundation-l] Board statement of responsibility

[Birgitte SB]

--- On Thu, 5/22/08, Ray Saintonge <saintonge at telus.net> wrote:

> From: Ray Saintonge <saintonge at telus.net>
> Subject: Re: [Foundation-l] Board statement of responsibility
> To: birgitte_sb at yahoo.com, "Wikimedia Foundation Mailing List" <foundation-l at lists.wikimedia.org>
> Date: Thursday, May 22, 2008, 4:22 AM
> Birgitte SB wrote:

> > Plus I wouldn't want to risk poisoning any working
> relationships by taking on the dirty work of protecting
> myself. So that means leaving it in the arena lawyers in my
> book.  But that is me, and I'm paranoid about signing my
> name. :) 
> Most of these agreements do not lead to disputes, because
> the majority 
> tend to act in good faith even without the agreement.  I
> could say, I'll 
> sign it because I know it means nothing and cannot be
> enforced, but 
> there's a fundamental dishonesty about that approach
> that makes me 
> uncomfortable.  When it comes down to the agreement Mike
> cannot 
> represent both the Foundation and the individual trustee
> about this 
> since that would be a conflict of interest.
> 

The other aspect which I did a poor job clarifying is the problem with the trustees being on both sides of the contract.  I would not want risk either failing my personal interests or those interests I would have a duty to.  I find it a far better arrangment to assign the "personal interests" hat to my lawyer and focus on being a trustee.  I also agree that I have a problem with the dishonesty of signing "in good faith without full understanding".   The act of signing is an acknowledgement of understanding.  

Birgitte SB