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Re: [board-discuss] Rules of Procedure


On Mon, Feb 27, 2012 at 3:29 PM, Florian Effenberger
<floeff@documentfoundation.org> wrote:
Hi,

Norbert Thiebaud wrote on 2012-02-27 20:35:

Our bylaws are an internal non-german-legal document that we use as
_our_  constitution. it is not meant to be used in court.


wrong.

I recall one rule where the board is not allowed to change the bylaws in
case of a dispute, until that dispute is settled. (Don't nail me down on the
exact wording here...) If the worst case happens, someone could claim that
in court.

Yes but what would be disputed in court if anything would be the fact
that the BoD did not honor the block, which should be a statute side
thing, and not the object of the block (i.e the actual change of the
bylaw. iow the things being blocked could be a logo (no language), and
the rational still apply. the court does not need to understand the
content of the change to rule on whether the change was procedurally
correct.

In my mind the court should be involved only to rule on the form of
the decision process, not on the content of the bylaws.

furthermore, isn't there already a wordage to indicate that the bylaws
cannot overrule the statue. iow we could have a bylaws that says: in
order to be a member you need to pay a $1000 fee.
Such rule would be valid as long as it does not contradict the statues...

My argument is not that the bylaws have precedence over the statute,
but that the English version of the bylaws is the reference version:
if there is a doubt in what the bylaws means, the English version
govern, since that is the one that _has_ been approved by the
membership and not the version translated in German or any other
languages.

Norbert

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