Re: [gentoo-nfp] Re: Re: How to improve the trustees

[William L. Thomson Jr.]

On Thu, 2008-02-14 at 15:50 +0000, Steve Long wrote:
>
> I am fully with you on involving users; it was heartening to read that we
> already have 2 lawyers standing as well.

Do we have any certified accountants? Also I wonder what area of law the
specialize in. Since lawyers are like doctors in that regard, but kinda
worse. Hardly any family lawyers that would cover it all.

Even beyond that, say we do have lawyers specializing in the areas of
law that would apply to our legal needs. Would they really want to
spend, days, weeks, months, years working on a trial if we are faced
with some sort of legal action? All for no pay, and travel likely
required.

What happens if a trial starts and board changes over?

What if we lose one or both of our lawyers?

>  I would still rather know that
> certain things, eg accounts and filings, were in the hands of someone who was
> contractually obliged to carry those out.

Beyond contractual obligation. There is legal responsibility and
liability. Accountants take on the same responsibility and liability in
filing returns for their clients. Would our board of trustees really
want to be individually liable and putting their name on a return or
other legal filing? Which if done improperly could come back on the
signing individual.

What happens during an audit? Would past board members return. Or want
to be liable for years beyond their terms.


I think it's kinda naive and unrealistic long term to continue to do
these things in house. More so when we can get the needed services
externally for next to nothing. Either way, decisions still have to be
made, and the board will still have to do that. It's just the final
action, and liability that will be passed on. Also IMHO makes changing
of the guard much easier. Not to mention allows focus on other areas of
the foundations mission.

-- 
William L. Thomson Jr.
Gentoo/amd64/Java