[Evergreen-governance-l] Board liability protection (was:Membership Dues - a bad idea?)

[Watson, Sylvia]

We could include a limitation of liability and indemnification provision in the governance rules to protect the board and others working on behalf of the foundation.  I'm assuming the foundation would want to purchase insurance so most of the costs wouldn't come out of pocket in the event something happened.  I'm not sure if the insurance could be in the name of the foundation or if the foundation would have to purchase the insurance in the name of the SFC for the benefit of the foundation.  We will need to follow up with SFC and possibly talk to a couple insurance carriers to see how that might work.  

However, including such a provision will force us to deal with the dues issue, or at least determine a clear source of revenue for the Foundation.   This kind of piggy backs on someone else's question about where the Foundation is going to come up with the money to reimburse the board or committee members for expenses.

Sylvia

-----Original Message-----
From: evergreen-governance-l-bounces at list.georgialibraries.org [mailto:evergreen-governance-l-bounces at list.georgialibraries.org] On Behalf Of Dan Scott
Sent: Thursday, September 02, 2010 9:25 AM
To: Amy Terlaga
Cc: evergreen-governance-l at list.georgialibraries.org
Subject: [Evergreen-governance-l] Board liability protection (was: Membership Dues - a bad idea?)

On Wed, 2010-09-01 at 17:11 -0400, Amy Terlaga wrote:

> And I'm assuming that the Software Freedom Conservancy has Board
liability
> insurance protection?  Dan, have you already answered that for us and
I've
> forgotten?

I checked with Bradley Kuhn this morning, and his response was:

"""
IANAL, but as I understand from Karen, the liability protection for
coding activities is roughly equivalent to that you'd get as an employee
of a company employed to code. You wouldn't get liability protection for
anything other than coding and writing documentation.
"""

Karen is one of the lawyers associated with the SFC.

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