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On Tue, 2011-03-29 at 22:18 +0100, Roy Bamford wrote: |
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> William, |
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> |
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> The order of precedence is the laws of New Mexico, both statue and case |
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> law, then the Articles of Incorporation, then the bylaws of the |
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> Foundation. |
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Again I am familiar with order of precedence. Which the articles of |
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incorporation state a minimum of three, and that overrides the bylaws, |
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as you just acknowledge with order of precedence. |
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But you keep putting to much emphasis on the bylaws. Which never |
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existed, until 2008. Despite the fact that the foundation was formed in |
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2004. The bylaws for the most part are meaningless. They are a guideline |
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and things that should be followed. But they can be changed at anytime, |
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and approved by a vote of the membership. |
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> While its unlikely that the state would use our own bylaws against us, |
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> Foundation members can. |
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Or anyone to ever enforce the bylaws, and I am a member of the |
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foundation, doing just that. I helped to author the current bylaws, as |
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you well know. Short any amendments since. |
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The current trustees are not following the stated bylaws. Which clearly |
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state the officers are to be elected or appointed by the trustees. That |
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does not state, the trustees are to assume roles as officers. Nor does |
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it say trustees become officers, or that trustees can elect to be an |
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officer. Furthermore if you read the section on officers you quoted, it |
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provides means for more than five officers. It calls for at least five |
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officers, but makes provisions for many more. Which right now only three |
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officers are listed with the State of New Mexico. |
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But again officers are not trustees. I was calling to have the two |
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separated back in 2008. Which still has not happened in 2011. |
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> So we are fine with five trustees. |
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There is nothing stating five, and its you all imposing such limits. The |
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bylaws clearly state the initial board of trustees will be five. But |
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that is not a hard limit, and no limit has been set by the members at |
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any annual members meeting. Which I love how my name is still in that |
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section of the bylaws, hilarious! |
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http://www.gentoo.org/foundation/en/BylawsAdopted.xml#doc_chap5 |
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Clearly five is not enough given the amount of neglect and things not |
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done in many years. I really cannot believe the current state of the |
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foundation and the mess. Given that there has been active trustees since |
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2008. There is just no reason for things to be as they are now. |
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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 |
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