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On Tue, Mar 27, 2018 at 10:49 AM, Alec Warner <antarus@g.o> wrote: |
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> |
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> I actually thought this too, but sadly its not in the Bylaws[1]. |
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> |
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> Instead its just in some text about the Foundation[2]. |
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> |
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> [1] https://wiki.gentoo.org/wiki/Foundation:Bylaws |
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> [2] https://wiki.gentoo.org/wiki/Foundation:Main_Page# |
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> Trustee_Responsibilities |
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> |
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Let me direct you to Article 5 ("Trustees"), Section 1 ("Powers"): |
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"The business and affairs of the foundation shall be managed by or under |
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the direction of the Board of Trustees, the "Trustees", which may exercise |
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all such powers of the foundation and do all such lawful acts and things as |
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are not by statute or by the Certificate of Incorporation or by these |
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Bylaws specifically reserved to the members." |
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^^^^^^^ |
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I think I may need to insert some asterisks. The Trustees may exercise |
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**all such powers of the foundation**. Which powers? **all powers**. What |
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lawful acts, **all such lawful acts and things as are not by statute or by |
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the Certificate of Incorporation or by these Bylaws specifically reserved |
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for the members.** Let me clarify here that "statute" means "written law", |
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so in other words, GLEP 37 is not a statute. |
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What this means is that while a Council system exists, this is with the |
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consent of the Trustees, and its existence does not in any way diminish the |
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authority of the Trustees over the project. |
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What the Trustees *cannot* do is ignore what is in the Bylaws, which means |
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that they are elected by members, and that their positions have a term, etc. |
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That's the law, folks. |
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-Daniel |