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Re: [steering-discuss] Updated draft of the Community Bylaws


Howdy,

General comment on the ByLaws.

Overall I'm quite happy with how the ByLaws are evolving, and I feel it
is getting very close to a final cut. I would suggest that there is a
good mix of checks and balances with one exception.

Reading over the last draft it appears there is quite a bit of power
being handed to the BOD, which is rather natural.

From my reading of the ByLaws then I believe the following would be
true:

The Officers of the foundation server at the pleasure of the board.

The ESC, in fact, exists at the pleasure of the board.

There is even a well defined and specific process for one member to ask
for the removal of another from the general membership.

What there is not, that I can see, is a way for the general membership
to remove the board, or a particular member of the board, beyond the
annual elections. 

Consider the following situation:

The ESC makes a decision regarding the code that the BOD disagrees with
and exercises their rights under the ByLaws to place the ESC under
administration. Telling the ESC to either conform to the board's wishes
or to disband and allow the BOD to appoint a new ESC.

The general membership is completely locked out of the process from my
reading of the current ByLaws. What if the general membership however
sides with the ESC on the particular issue.

There should be a way for the membership, which through their vote is
after all the source of authority exercised by the BOD, to step in and
remove the board.

Firstly - this would be IMO an extraordinary circumstance of course, and
whatever mechanism one would put in place _must_ present a rather high
hurdle in order to trigger application.

Without offering any specific details on mechanics for the moment, what
I'm thinking of is a way for the general membership to call for an early
election of the board in such an extraordinary situation.

Any thoughts from others on this point?

Thanks much,

Drew




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