Gentoo Archives: gentoo-dev

From: Richard Freeman <rich0@g.o>
To: gentoo-dev@l.g.o
Subject: Re: [gentoo-dev] Nominations for council
Date: Wed, 04 Jun 2008 22:50:17
Message-Id: 48471C16.8050500@gentoo.org
In Reply to: Re: [gentoo-dev] Nominations for council by "William L. Thomson Jr."
1 William L. Thomson Jr. wrote:
2 > Which one of the first things wrt to the Council that would be mentioned
3 > in the Bylaws is the Council has full authority and veto power over the
4 > project. That means the board nor officers can dictate to the Council.
5 > Council remains on top of it all. Just legally declared, and with other
6 > rules, regulations, etc, stipulated in detail.
7 >
8
9 Would this run into any kinds of legal issues? Essentially you're
10 creating a non-profit corporation whose governance is subject to what is
11 effectively a board of directors that is very loosely defined/ elected/
12 etc. I'd think that this would run into issues legally, but I suppose
13 that being a non-public company it might not be an issue. If you're not
14 already familiar with such things you might want to talk to a lawyer.
15
16 I'm torn on this. In theory the council and trustees/foundation should
17 be well-coordinated and they're really just two parts of a single
18 effort. However, for legal reasons the money-handling parts of the
19 distro are subject to a lot of controls that need not apply to
20 everything else. If we mix them we either need to formalize more of
21 what happens, or potentially risk running into legal issues.
22
23 If a lawyer doesn't see this as a problem then just disregard everything
24 above. A little more formality might not kill the project, but on the
25 other hand we don't want to create too many barriers to council members
26 who are volunteers. In a more significant corporation like the Red
27 Cross I suspect that board members would be paid to attend meetings.
28 --
29 gentoo-dev@l.g.o mailing list

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Re: [gentoo-dev] Nominations for council "William L. Thomson Jr." <wltjr@g.o>