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On Tue, 2011-03-29 at 20:32 +0100, Roy Bamford wrote: |
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snip.. |
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> Just doing it, to the neglect of other things, |
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> is not the way forward. The audit is important but its not the only |
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> thing that is important to the Foundation. |
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I do not know how I can get the point across that NOTHING else matters |
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more than this. This an emergency situation, and you all need to treat |
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it as such, and not discard or discount this stuff. |
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IT NEEDS IMMEDIATE ATTENTION and all other matters should be set aside |
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till corrected. I cannot emphasis the consequences of such! |
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> The way the Foundation appoints officers is stated in the bylaws |
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> http://www.gentoo.org/foundation/en/BylawsAdopted.xml |
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Please don't quote me the bylaws, which I help to author and did an in |
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depth review on this list back in 2008. I am very familiar with all |
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that. |
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> I don't understand your misconception that there can only be four |
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> officers. The bylaws, quoted above, stipulate a minimum of three but |
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> there is no maximum. |
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I know the US laws, and you can only have so many on file with the |
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state. Your miss conception is your focusing on Gentoo internals, |
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ignoring how business are structured in the US. |
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> I think we will have to agree to differ over the optimum number of |
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> trustees. The Foundation started out with 13 and as we all know, that |
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> didn't work very well. |
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Again the articles of incorporation state such, you can argue with that |
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all you like. Bylaws are moot, and articles are on file with the state |
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usually. |
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> You state that the timing of an audit is 'not acceptable'. I feel I |
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> must point out "Section 3.12. Action by Members Without a Meeting." of |
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> the bylaws in case you should wish to take further action within the |
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> confines of the Gentoo Foundation. |
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Look the State and IRS will care less about Gentoo bylaws or other |
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matters. You really need to understand such. |
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Don't take it from me, go hire and consult with a CPA in the US. They |
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will tell the you same thing. Gentoo is in grave danger, just no one |
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knows this. Please listen to what I am saying, and head the warning. I |
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am not going to bring anything about. But I cannot stop the State or IRS |
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from doing their duties. |
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It took the state several years to revoke the charter. That might happen |
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again, permanently! |
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-- |
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William L. Thomson Jr. |
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Obsidian-Studios, Inc. |
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http://www.obsidian-studios.com |