Gentoo Archives: gentoo-nfp

From: Rob Cakebread <pythonhead@g.o>
To: gentoo-nfp@l.g.o
Cc: gentoo-core@l.g.o
Subject: [gentoo-nfp] Another nomination.
Date: Mon, 09 May 2005 17:46:31
Message-Id: 427FA203.9040309@gentoo.org
1 I am nominating myself for trustee.
2
3 Pros or cons, depending on the reader:
4
5 * Developer since 2003
6 * I'm a vanilla developer with no managerial roles
7 * Independent outsider candidate
8
9 Here are a few things I see that have room for improvement and I'll push
10 for:
11
12 * Communication:
13
14 a) Scheduled meetings with minutes. It may not be required by law for
15 the type of non-profit Gentoo Foundation is, but I think it would serve
16 the foundation and Gentoo community better if all topics and the
17 outcome of votes were made public. Since the foundation has no role in
18 development, I don't think it will need nearly as many meetings as other
19 big OSS projects, although I'm sure this next year will be a busy one
20 since so much needs to be decided. If the number of trustees and
21 timezones make regular meetings impossible, a new system should
22 be put in place for calling votes and making the outcome public.
23
24 b) Legal - I can understand not making transcripts of conversations with
25 the foundation's lawyers public, but I think the foundation can be a
26 little more informative without giving up lawyer-client confidentiality.
27 There are no pending cases, so I think we can at least give status
28 reports of what has been passed by the lawyers and what is still waiting
29 for review. If you read -nfp you'll see Daniel gave out his lawyer's
30 phone number when he formed the non-profit and said he'd be happy to
31 take calls. So, I think we can loosen up a bit.
32
33 * Gentoo Store:
34
35 The store seems to be improving in terms of quality and quantity of
36 merchandise. If I understand correctly, Daniel has a lifetime
37 commitment from the foundation to sell Gentoo merchandise but only has
38 use of the store.g.o domain for one year. I have no problem with
39 Daniel or another third party selling Gentoo merchandise and donating
40 a portion to Gentoo. That is common practice for charities. However,
41 I think this statement on the store website needs to be corrected if
42 its wrong:
43
44 "All profits from our store will be used to support Gentoo development
45 efforts, server infrastructure, and further our efforts to establish
46 a not-for-profit entity for Gentoo."
47
48 After reading the -nfp and -trustee archives, I don't see any mention
49 of a switch from running the store for profit to donating all profit to
50 the foundation.
51
52 Donors and people who buy from the store should have a clear
53 understanding of where their money is going.
54
55 * Tax exemption status
56
57 As I said in the thread on -core, I have serious doubts about the
58 foundation being able to become a 501(c)6. I understand the foundation's
59 lawyers are now looking into that. I think that in order for the
60 foundation to go forward with so many things on its agenda it needs
61 to get that legal advice and either continue as planned or bite the
62 bullet and re-form or do whatever it takes to get tax exemption
63 status with the IRS. Some of the legal posts were removed from the
64 archive which contained correspondence with the lawyers, so they may
65 be close to resolving this. I think this should be top priority and the
66 foundation should do what it can to expedite clarification on filing
67 for 501(c)6 so there are no tax problems, fines or worse.
68
69 * In conclusion:
70
71 I think this will be a crucial year for the foundation because
72 of all the issues that need to be decided. If elected I'd like to work
73 on fundraising. Specifically research on fundraising ideas and making
74 sure the foundation complies with advice the lawyers give the foundation
75 on IRS law in regards to fundraising. I have no desire to operate a
76 store or become involved with merchandise.
77
78 Of all the large OSS projects I've looked at, only KDE is not a 501(c)3
79 (KDE is a German non-profit). KDE and Gentoo are unique among them
80 in that they both have their official entities exist soley for legal
81 purposes and not to direct the development process. KDE by far has the
82 lowest amount in annual donations. Regardless of the tax exempt status
83 Gentoo eventually gains, I'd like to help put Gentoo in a position so
84 we can increase donations to the levels the biggest projects are
85 obtaining.
86
87 The foundation has achieved as much as it has with almost zero
88 spending thanks to the time and effort of the current trustees
89 and the pro-bono lawyers, so why does Gentoo need money? In
90 addtion to general operating costs, the process of transferring
91 copyright, trademarks, etc. from Gentoo Technologies to the foundation
92 will require more legal wrangling than the average OSS project
93 normally goes through when setting up. If additional legal help
94 is needed we should have the money on-hand.
95
96
97 --
98 Rob Cakebread
99 Gentoo Linux Developer
100 Public Key: http://pgp.mit.edu:11371/pks/lookup?op=get&search=0x96BA679B
101 Key fingerprint = 5E1A 57A0 0FA6 939D 3258 8369 81C5 A17B 96BA 679B
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