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On Sun, Jul 14, 2019 at 11:54:48AM -0400, Aaron Bauman wrote: |
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> > No. It isn't, because it would simply be a partial repeat of the |
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> > previous section, 6.4 "election and term", which contains: |
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> In context, my point here is that the general membership should have the ability |
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> to remove a trustee or the entire board, if so desired. I was not intending to |
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> be precise or definitive in the semantics. |
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> |
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> Simply: The general membership ought to have a mechanism to remove the entire |
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> board, a single trustee, etc. |
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Why do you act like there isn't already such a mechanism to remove one |
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or more trustees? |
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|
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Section 5.6. Resignation and Removal of Trustees |
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A director may resign at any time upon written request to the |
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foundation. Furthermore, any director or the entire Board of Trustees |
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may be removed, with or without cause, by a vote of the majority of the |
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members entitled to vote for the election of Trustees or as otherwise |
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provided in the General Foundation Law of the State of New Mexico. |
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|
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> > "Each officer shall be appointed by the Board of Trustees and shall hold |
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> > office until such time as the officer resigns or is removed by the Board |
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> > of Trustees" |
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> > |
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> > Emphasis on "is removed by the Board of Trustees". |
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> > |
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> > To the best of my knowledge, the original section came from the stock |
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> > version of New Mexico bylaws for non-profits, and was less flexible. |
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> Yes, a lot of the by-laws are boilerplate. Unless the states *requires* that we |
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> put something in to the by-laws then we can simply pass by-laws that make sense |
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> to us as a 501c3. Hence, my previous comments regarding a potential change to |
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> the "removal of officers" section. |
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> |
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> > The board must have the power to select & remove officers. |
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> > The electorate must have the power to select & remove the board. |
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To remove an officer is to remove an individual from a role that that |
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were put into by the board. The board CAN select non-trustee non-members |
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if it desires to fill roles (subject to constraints in bylaws & state |
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laws). |
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-- |
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Robin Hugh Johnson |
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Gentoo Linux: Dev, Infra Lead, Foundation Treasurer |
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E-Mail : robbat2@g.o |
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GnuPG FP : 11ACBA4F 4778E3F6 E4EDF38E B27B944E 34884E85 |
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GnuPG FP : 7D0B3CEB E9B85B1F 825BCECF EE05E6F6 A48F6136 |
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