1 |
On Sat, Jun 16, 2018 at 7:29 PM William Hubbs <williamh@g.o> wrote: |
2 |
> |
3 |
> I read the proposal by prometheanfire a year ago also and do not quite |
4 |
> see why it was so offensive to some. The way I read it it was |
5 |
> basically making the council a committee in the foundation. The |
6 |
> council would have still been elected by the developers, and it wasn't |
7 |
> set up so the Trustees could remove people etc, so there wasn't really |
8 |
> a way the trustees could control it any more than they control the |
9 |
> council as it is. If I missed something, tell me. |
10 |
> |
11 |
|
12 |
As I recall the proposal was to have the Council be subordinate to the |
13 |
Trustees. That basically means they can do whatever they want. To |
14 |
the degree that the policy said that they wouldn't remove people from |
15 |
Council they could amend that with a simple majority vote, just as |
16 |
they can change the Bylaws/etc. |
17 |
|
18 |
Keep in mind that in a corporation the directors are basically at the |
19 |
very top legally. Any policy of the corporation can be changed at |
20 |
their discretion. |
21 |
|
22 |
This doesn't really seem like a separation of powers. This is simply |
23 |
putting the Trustees in charge of everything. They could of course |
24 |
choose to not intervene in decisions, but any decision would |
25 |
effectively be appealable to the Trustees (even if the Trustees vote |
26 |
to not hear any particular appeal). |
27 |
|
28 |
If protmetheanfire disagrees that he was proposing to make the Council |
29 |
subordinate to the Trustees he can of course chime in. |
30 |
|
31 |
If the Foundation were in better shape I think a structure like that |
32 |
could work. You'd simply vote the Council members in to the Trustee |
33 |
slots, and the Trustees could choose to work as Officers. Then the |
34 |
new Trustees would disband the Council so that the technical body is |
35 |
back on top, and also holds the legal authority. However, right now |
36 |
with the mess the Foundation is in I suspect you'd find it difficult |
37 |
to find volunteers for the Trustee positions that people would be |
38 |
comfortable having also run the Council. |
39 |
|
40 |
> Regarding comrel, given that more than one person who has been removed |
41 |
> from Gentoo has threatened the foundation with law suits, I can |
42 |
> understand the trustees wanting to be in that loop. |
43 |
|
44 |
Just another good reason to not have a foundation to sue... |
45 |
|
46 |
-- |
47 |
Rich |