[Foundation] Reset: Back to business

Michael Bauer bauer at michaelbauer.com
Tue Mar 12 14:32:13 CST 2002


I will not table my proposal for the expulsion of members.  I will 
completely withdraw it.  I hereby do so.  I apologize for any 
consternation this may have caused.

Mike is quite right, we don't get a do-over.  The Foundation is a legally 
incorporated entity and as such its by-laws must be followed.  At one 
level the Foundation is purposely designed with a lot of flexibility.  The 
by-laws were written to support that flexibility.  If you look at the 
by-laws in detail, though, they're not as flexible.  

On 12 Mar 2002, Mike Lin wrote:

> As we are working to establish a credible institution, I think it is
> critical in this time when the nature of the Foundation is in question
> that we work within our existing bylaws. So far as I can see, there is
> no provision for a "do-over" in our bylaws.
> 
> If our issue is with inactive members, then our bylaws have a 3-vote
> timeout provision. Let us simply allow that timeout to expire. If and
> when we establish better criteria for the requirements of members, these
> criteria should not be applied ex post facto. So, let us work to amend
> the bylaws with our new requirements; to my knowledge, such an amendment
> requires a simple majority of members voting, with a quorum of 1/3 of
> the general membership. I expect that we should be able to secure this
> many votes for a reasonable proposal.
> 
> As for the Council, obviously I might be thought to have something of a
> conflict of interest, but I would submit that the next regular Council
> election is only a few months away. Hopefully, we will resolve this
> dispute in that time, and the elections can be carried out in light of
> them.
> 
> I would also respectfully request that Michael Bauer agree to
> indefinitely table his proposal for the expulsion of members. 
> 
> -Mike
> 
> On Tue, 2002-03-12 at 15:29, Peter Saint-Andre wrote:
> > My initial reaction, spurred by a comment in the jdev chatroom, is:
> > 
> >    DO-OVER!!!
> > 
> > 
> > Maybe we need to clean the slate and elect all new members and council.
> > After we clearly define their responsibilities, that is.
> > 
> > Peter
> > 
> > --
> > Peter Saint-Andre
> > email+jabber: stpeter at jabber.org
> > weblog: http://www.saint-andre.com/blog/
> > 
> > On Tue, 12 Mar 2002, Iain Shigeoka wrote:
> > 
> > > On 3/12/02 10:44 AM, "Peter Saint-Andre" <stpeter at jabber.org> wrote:
> > > 
> > > > Those are intriguing suggestions. A lot to ponder there, so I'm
> > > > pondering....
> > > 
> > > :)  First impressions and knee jerk reactions would be good too!  This was
> > > basically an impromptu spew to try and route discussion back to what _I_
> > > consider important.  It may not even be important to most people...
> > > 
> > > 
> > > -iain
> > > 
> > > 
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Michael Bauer        me at michaelbauer.com       http://www.michaelbauer.com




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