Re: [gentoo-project] Social Contract clean-up

[Matthew Thode]

On 18-03-27 11:38:22, Daniel Robbins wrote:
> On Tue, Mar 27, 2018 at 10:49 AM, Alec Warner <antarus@g.o> wrote:
>
> >
> > I actually thought this too, but sadly its not in the Bylaws[1].
> >
> > Instead its just in some text about the Foundation[2].
> >
> > [1] https://wiki.gentoo.org/wiki/Foundation:Bylaws
> > [2] https://wiki.gentoo.org/wiki/Foundation:Main_Page#
> > Trustee_Responsibilities
> >
>
> Let me direct you to Article 5 ("Trustees"), Section 1 ("Powers"):
>
> "The business and affairs of the foundation shall be managed by or under
> the direction of the Board of Trustees, the "Trustees", which may exercise
> all such powers of the foundation and do all such lawful acts and things as
> are not by statute or by the Certificate of Incorporation or by these
> Bylaws specifically reserved to the members."
>
> ^^^^^^^
>
> I think I may need to insert some asterisks. The Trustees may exercise
> **all such powers of the foundation**. Which powers? **all powers**. What
> lawful acts, **all such lawful acts and things as are not by statute or by
> the Certificate of Incorporation or by these Bylaws specifically reserved
> for the members.** Let me clarify here that "statute" means "written law",
> so in other words, GLEP 37 is not a statute.
>
> What this means is that while a Council system exists, this is with the
> consent of the Trustees, and its existence does not in any way diminish the
> authority of the Trustees over the project.
>
> What the Trustees *cannot* do is ignore what is in the Bylaws, which means
> that they are elected by members, and that their positions have a term, etc.
>
> That's the law, folks.
>

I tried bringing that up a while ago (and people got all up in arms
about it).  I suggest to people that wish to respond that they make a
thread specifically about who does what or has what power.

-- 
Matthew Thode (prometheanfire)