Re: [gentoo-nfp] List of items to be addressed by audit

[Roy Bamford]

On 2011.03.29 21:03, William L. Thomson Jr. wrote:
> On Tue, 2011-03-29 at 15:44 -0400, William L. Thomson Jr. wrote:
> > On Tue, 2011-03-29 at 20:32 +0100, Roy Bamford wrote:
> > >
> > > I think we will have to agree to differ over the optimum number
> of
>
> > > trustees. The Foundation started out with 13 and as we all know,
> that
> > > didn't work very well.
> >
> > Again the articles of incorporation state such, you can argue with
> that
> > all you like. Bylaws are moot, and articles are on file with the
> state
> > usually.
>
> Its the articles of incorporation that establish the Trustees.
> Otherwise
> they do not exist as far as the state or anyone is concerned. The
> bylaws
> are moot compared to articles of incorporation. Which are on file
> with
> the state.
>
> http://www.gentoo.org/foundation/en/articles.xml#doc_chap8
>
> Its becoming quite clear, many lack knowledge in these manners.
>
> --
> William L. Thomson Jr.
> Obsidian-Studios, Inc.
> http://www.obsidian-studios.com
>
>
>
>
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.

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

From the Articles 

9.  Article VIII

Board of Trustees

The number of trustees of the Corporation shall be not less than three 
or more than twenty-one. The initial Board of Trustees shall consist of 
thirteen persons. Thereafter, the Board of Trustees shall consist of 
such number of persons, not Less than three, as shall be fixed by the 
Bylaws.

So we are fine with five trustees.

-- 
Regards,

Roy Bamford
(Neddyseagoon) a member of
gentoo-ops
forum-mods
trustees