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From: "William L. Thomson Jr." <wlt@...>
Subject: Re: List of items to be addressed by audit
Date: Tue, 29 Mar 2011 17:45:11 -0400
On Tue, 2011-03-29 at 22:18 +0100, Roy Bamford wrote:

> William,
> 
> The order of precedence is the laws of New Mexico, both statue and case 
> law, then the Articles of Incorporation, then the bylaws of the 
> Foundation.

Again I am familiar with order of precedence. Which the articles of
incorporation state a minimum of three, and that overrides the bylaws,
as you just acknowledge with order of precedence.

But you keep putting to much emphasis on the bylaws. Which never
existed, until 2008. Despite the fact that the foundation was formed in
2004. The bylaws for the most part are meaningless. They are a guideline
and things that should be followed. But they can be changed at anytime,
and approved by a vote of the membership.

> While its unlikely that the state would use our own bylaws against us, 
> Foundation members can.

Or anyone to ever enforce the bylaws, and I am a member of the
foundation, doing just that. I helped to author the current bylaws, as
you well know. Short any amendments since.

The current trustees are not following the stated bylaws. Which clearly
state the officers are to be elected or appointed by the trustees. That
does not state, the trustees are to assume roles as officers. Nor does
it say trustees become officers, or that trustees can elect to be an
officer. Furthermore if you read the section on officers you quoted, it
provides means for more than five officers. It calls for at least five
officers, but makes provisions for many more. Which right now only three
officers are listed with the State of New Mexico.

But again officers are not trustees. I was calling to have the two
separated back in 2008. Which still has not happened in 2011.

> So we are fine with five trustees.

There is nothing stating five, and its you all imposing such limits. The
bylaws clearly state the initial board of trustees will be five. But
that is not a hard limit, and no limit has been set by the members at
any annual members meeting. Which I love how my name is still in that
section of the bylaws, hilarious!

http://www.gentoo.org/foundation/en/BylawsAdopted.xml#doc_chap5

Clearly five is not enough given the amount of neglect and things not
done in many years. I really cannot believe the current state of the
foundation and the mess. Given that there has been active trustees since
2008. There is just no reason for things to be as they are now.

-- 
William L. Thomson Jr.
Obsidian-Studios, Inc.
http://www.obsidian-studios.com



Replies:
Re: List of items to be addressed by audit
-- Roy Bamford
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Re: List of items to be addressed by audit
-- Roy Bamford
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Updated Jun 27, 2012

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