Today, the COI Commission addressed both procedural and substantive issues relating to its Terms of Reference.
I suggested that we need to address the following matters regarding Conflict of Interest:
1. Definition and Limitations;
2. Disclosure (Public and Private);
3. Voluntary Recusal;
4. Monitoring;
5. Implementation;
6. Enforcement;
7. Education.
I also proposed that as part of this discussion we should address the following issues that have historically been part of the RA agenda related to this topic:
1. Term Limits for all officials in elected or appointed in all CDS government branches;
2. “Cooling Off” periods for all members of one CDS branch before running or being appointed to positions in another Branch.
Finally, I made a written submission stating that they three key mechanisms for implementing any COI rules should be:
1. A CDS COI Disclosure Book, with both public and private sections;
2. A CDS Code of Ethics pertaining to its:
a. civil servants;
b. members of the government;
c. elected officials;
d. officials of NGO and private organisations under the direct jurisdiction of CDS;
3. A CDS COI Standing Committee with the mandate to:
a. Provide guidance and advice to the CDS community in the area of conflict of interest;
b. Assess public and private conflict of interest disclosures;
c. Determine whether the conflict can be managed or must be disallowed;
d. Establish plans for managing disclosed and assessed conflicts of interest;
e. Monitor the implementation of such plans, including enforcement and sanctions procedures for violations of CDS conflict of interest laws, regulations, and guidelines;
f. Oversee and implement CDS-wide education and awareness on conflict of interest;
g. Provide every six months a public report to RA and Chancellor on the decisions made respecting conflict of interest, to be published on the CDS Forums one month before the start of the end-of-term election process in CDS.
I therefore propose that the COI Commission organize open, inclusive and thorough public hearings over the next six weeks on the following six questions:
1. Do you agree with the following definition: “Conflict of interest” is a situation in which a CDS public official has a private, public or other interest which is such as to influence, or appear to influence, the impartial and objective performance of his or her official duties. ?
2. Do you agree with setting up a CDS COI Disclosure Book, with both public and private sections, in which all CDS officials should be required to record their potential conflicts of interest? What disclosures should be strictly private?
3. Do you agree that there should be a CDS Code of Ethics, guiding the conduct of its:
a. civil servants;
b. members of the government;
c. elected officials;
d. officials of NGO and private organisations under the direct jurisdiction of CDS;
What should this Code cover?
4. Do you agree all CDS officials should voluntarily recuse themselves from actions and decisions which would put them in a situation of conflict of interest? What should be considered as such situations?
5. Do agree that the evaluation, monitoring, compliance, implementation, enforcement and education regarding Conflicts of Interest in CDS should be entrusted to a CDS Conflicts of Interest Standing Committee? How should its members be appointed and for how long?
6. Do you believe that CDS officials sitting in any CDS branch should be subject to Term Limits and “Cooling Off” Periods before running or being appointed to positions in another Branch? If so, what should these be?
Each question should be assigned one week of discussions and debates, with at least four meetings organized in-world - two North America friendly, two Euro-friendly.
Each question should have a thread in the COI Thread on the CDS forums, where transcripts of the meetings should be posted, as well as another one in the Legislative discussion thread, where citizens can make written submissions and contributions.
At the end of each week, the COI Commission should prepare a short summary of the opinions and suggestions presented in the debates on each question, both in-world and on the forums, and post them on the COI Commission Thread of the CDS Forums. These summaries will then become the basis of discussion for the COI Commission members as they prepare to discuss debate, agree on, and draft their own, final report and recommendations.