Gentoo Archives: gentoo-nfp

From: "William L. Thomson Jr." <wlt@××××××××××××××××.com>
To: gentoo-nfp@l.g.o
Subject: Re: [gentoo-nfp] List of items to be addressed by audit
Date: Tue, 29 Mar 2011 21:45:29
Message-Id: 1301435111.12793.16.camel@wlt
In Reply to: Re: [gentoo-nfp] List of items to be addressed by audit by Roy Bamford
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! 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.


Subject Author
Re: [gentoo-nfp] List of items to be addressed by audit Roy Bamford <neddyseagoon@g.o>