Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership

[Ulrich Mueller]

>>>>> On Thu, 8 Feb 2018, Matthew Thode wrote:

> On 18-02-08 15:33:02, Daniel Robbins wrote:
>> I think rich0 is spot-on here where if we make it even shorter, it gets
>> even stronger:
>>
>> Section 4.9. Termination from Membership.
>> Membership may be terminated by a majority vote of the board of
>> trustees.
>>
>> No explanation required. Right now, it sounds like the trustees may
>> need to justify that the member is acting contrary to the
>> purpose(s) of the Foundation. When really, no justification should
>> be required (it just opens the door for endless argument,
>> grumpiness, and thus more likely to lead to legal action). At the
>> very least, it should say that the trustees can remove anyone *they
>> feel* (ie. based on *their opinion*, which can't be argued) is
>> acting poorly. That removes the possibility of debate.

> Agreed, this is the only improvement I see us making to that specific
> bylaw.

Have I understood this right, removing the possibility of debate and
giving trustees the power to haphazardly kick members is seen as an
*improvement* over what there is now? I would rather call it
despotism.

Just for comparison, look at the corresponding wording in the bylaws
of Gentoo e.V. (my attempt of a translation, original German is in
https://gentoo-ev.org/w/images/8/86/Satzung.pdf, §4 (5)):

"A member may be excluded by decision of the board: for damaging the
reputation of the Verein, for failing to pay the membership fee, or
for another important reason. The board must communicate the decision
to the excluded member in writing, indicating the reasons, and give
him hearing on request. The general members' assembly can be invoked
for an appeal against the board's decision; membership is suspended
until the decision of the general assembly."

Ulrich