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#31
Originally Posted by thedead1440 View Post
woody adding on from your post; shouldnt the power to change by-laws only lie with the community and not 75% board + 67% community?

Correct me if i'm wrong here...
I asked the same question during the first draft (which was from a template that had no community input in it). My understanding is that the laws around non-profits require that any change to bylaws be approved by at least a majority of the Board.

Understand, Maemo is not itself a legal entity, but rather a loose trademark "club" operating under the ownership of Nokia. Because of that, we could make any rules or rule changes we wanted without limitation, so long as Nokia was willing to continue providing the legal and financial umbrella for the community.

When forming a legal entity, one must follow the rules around establishing and maintaining those. This is, in fact, one of the many reasons we desire keeping Council separate from the Board, and have not suggested that one should replace the other.
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#32
I get it...its a necessary evil in other words...
 
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#33
Originally Posted by thedead1440 View Post
woody adding on from your post; shouldnt the power to change by-laws only lie with the community and not 75% board + 67% community?

Correct me if i'm wrong here...
Yeah what I was asking when he addressed, thanks for putting it again.

Originally Posted by woody14619 View Post
My understanding is that the laws around non-profits require that any change to bylaws be approved by at least a majority of the Board.
So can you point to the laws that you're bound by?
Few other things I've raised dont seem to have been addressed yet, but mostly addressed.
Thanks for that, if any further questions will get back to your 1st thing Mon!

Last edited by jalyst; 2012-09-06 at 18:22.
 
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#34
Originally Posted by jalyst View Post
So can you point to the laws that you're bound by?
Primarily, the Pennsylvania Nonprofit Corporation Law ("NPCL")of 1988, as amended (15 Pa. C.S. §5101 et. seq.)


Originally Posted by jalyst View Post
Few other things I've raised dont seem to have been addressed yet, but mostly addressed.
Please be specific about the few things you don't think have been addressed yet.
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#35
Originally Posted by SD69 View Post
Primarily, the Pennsylvania Nonprofit Corporation Law ("NPCL")of 1988, as amended (15 Pa. C.S. §5101 et. seq.)
Got a link, or a link in the general direction?
I'd like to see where it says it must be: 75% board or 75% board "+" 67% community consensus, not merely 67% community consensus.

Please be specific about the few things you don't think have been addressed yet.
Try looking here & the post linked to from there, then cross-reference what's been answered with those posts.

Last edited by jalyst; 2012-09-16 at 08:42.
 
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#36
Originally Posted by jalyst View Post
Got a link, or a link in the general direction?
I'd like to see where it says it must be: 75% board or 75% board "+" 67% community consensus, not merely 67% community consensus.
I don't have a direct link (I don't think there is one). Here is a link to the responsibilities of the Board: http://www.lawforchange.org/images/l...es%20ebook.pdf

In addition, the initial Board has to formally accept by the Bylaws at its first meeting and abide by them forever after. It is unworkable that they should not participate in the amendment of the Bylaws. The law does not even recognize a "community council" - it is our own creation. If you want to suggest to increase or decrease the percentages of either the Board or the Community Council, then that can be considered and changed.


Originally Posted by jalyst View Post
Try looking here & the post linked to from there, then cross-reference what's been answered with those posts.
OK, I've looked at that post. Yes, we can mention the "several iterations" of maemo and also delete the specific reference to the N900 (never intended to signal a single iteration) since Bylaws are a governance document. The other two items in the post deal with the name (which has been decided) and the domain name, not the bylaws.
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#37
Please find attached the latest revision of the bylaws. This has taken a lot of input from TMO, the mailing list, and private mailings to/between the Council into consideration.

We would really like to hear comments and get more input on this, as this is likely very close to the final cut of this document.

(And yes, they're gzipped because the forum has a rather oddly-small size limit on PDF and doc files, and doesn't allow odt files at all...)
Attached Files
File Type: gz REVISEDBYLAWS.doc.gz (13.1 KB, 87 views)
File Type: gz REVISEDBYLAWS.odt.gz (14.5 KB, 81 views)
File Type: gz REVISEDBYLAWS.pdf.gz (109.5 KB, 114 views)
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#38
One clarification seeked with regards to:

Each Director shall serve for a term of one year and shall not be replaced before the end of their term except if they vacate the position.

Can there be an addition that a Director may be replaced by the Board if the Director has deemed to conducted him/herself in a manner not in-line with the expected behaviour of a Board of Director including displaying flagrant lack of respect towards the Community who may call for a referrendum for the B.o.D to replace the said Director.
 

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#39
Oh and one more addition:

The Treasurer should at all times be a non-discharged bankrupt and not have any legal proceedings against him/her in any Country. Any legal proceedings especially those involving breaches of trust would lead to an automatic ejection from the B.o.D without requiring a vote from the B.o.D or a referendum from the Community. Withholding of any such information from the B.o.D would be considered a criminal breach of trust and proceedings may be taken out against said person.
 

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#40
I know I'm being picky here but I would like to put all this out before anyone cries foul:

With regards to the Membership section:

If a member is expelled from the Foundation, he is given the right to have his appeal heard by the next elected Foundation Council and the next Foundation Council will be given powers to restate the said member. However, rejection by the next Foundation Council would mean no further appeals would be entertained. The Foundation Council's decision is hence final and binding.


The above clause is so that if one Foundation Council abuses its power the next one is allowed to set things right. I don't forsee two consecutive Foundation Councils' abusing their powers to step on the rights of a member. Even then, a Community referendum can always be called in the most unlikliest of scenarios...
 

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