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On 2011.08.02 22:50, Markos Chandras wrote: |
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> On 08/02/2011 07:24 PM, Roy Bamford wrote: |
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> > Team, |
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> > |
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> > The trustees are legally accountable and responsible for the |
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> > operation of the Gentoo Foundation Inc. Some things in the bylaws |
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> > are there to comply with statutes. |
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> > |
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> > The Gentoo council has no legal standing whatsoever, which I have |
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> > already said (at FOSEDEM) makes me a little nervous as a trustee, |
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> > since the council makes decisions on behalf of Gentoo that the |
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> > Foundation would be held both accountable and responsible for. |
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> There |
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> > have been no issues with that, yet. |
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> |
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> The council is supposed to discuss and decides on technical or |
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> project |
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> wise issues. How can a technical decision violate laws etc? I can't |
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> think on top of my head an issue that would expose Foundation. Can |
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> you |
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> please provide an example? |
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Any decision that has copyright, licence, or patent implications could |
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expose the Foundation. Although, I do agree with Rich0 that the two |
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bodies have worked well together, so it has not been an issue. |
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|
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> |
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> > |
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> > Maybe its time to reorganise Gentoo along standard corporate lines |
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> > again, as it was before drobbins left. If we go in that direction, |
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> > the council becomes a technical committee that is part of the |
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> > Foundation. GLEP39 is no longer needed and the Foundation bylaws |
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> are |
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> > amended to reflect the new structure. |
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> |
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> If we go in that direction, I see no point in having the Foundation |
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> and |
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> the Council as two separate entities. In this case it would make much |
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> more sense to merge them. |
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|
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Division of responsibilities is important, in the business world, its |
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essential, and the Foundation is first and foremost a business, even |
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if its directors and officers are not paid. The Foundation does not |
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get any special treatment from the state of New Mexico, nor the IRS and |
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friends. |
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|
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It would be unethical if the council could vote funds for a council |
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devised project. Likewise, trustees need business administration skills |
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rather than technical skills and should not determine the technical |
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direction of Gentoo. |
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|
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To enforce the division of responsibilities, the Foundation has a bylaw |
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that prevents a trustee from concurrently serving on the council. |
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|
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I'm suggesting that the informal interdependencies that are present |
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between the council and the foundation be formalised along the lines of |
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a standard corporation. |
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|
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> I don't quite like the idea though. |
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Would you care to expand on that? |
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|
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> -- |
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> Regards, |
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> Markos Chandras / Gentoo Linux Developer / Key ID: B4AFF2C2 |
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> |
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|
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-- |
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Regards, |
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|
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Roy Bamford |
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(Neddyseagoon) a member of |
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gentoo-ops |
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forum-mods |
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trustees |