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Re: [board-discuss] MCC questions ..


Hi again :)

Am 05.09.20 um 18:32 schrieb Muhammet Kara:
By the way, let me try to explain the problem/unfairness described above a bit by example, for 
the ones who are not familiar with the issue:

A and B are working in the company X
C and D are working in the company Y

They all run in the MC elections

A got the 1st position (becomes member)
B got the 2nd position (becomes member)
C got the 3rd position (becomes member)
D got the 6th position (becomes deputy member)

Because of the affiliation restriction, both A and B having the same affiliation, one of them 
(let's say B) steps down from MC position, and is kicked out of the MC completely. But C and D, 
although they have the same affiliation, stay at their positions. So B is, in a way, punished for 
getting too many votes. See the unfairness?

So now I understand the problem. Seems to me rather a handling glitch ;-)
Is it right that a deputy member is - in all practical matters - seen as a member of the body but 
without a vote (attends meetings in an active role, shares all information etc.)? Then the CoI-Rule 
surely should apply for deputy members as well. This is imho the necessary solution because this 
affiliated deputy member ("D") could only step in if a member with the same affiliation ("C") steps 
back; otherwise the CoI-Rule would prevent him/her to observe his/her duty.
Legal advice needed: Is a "deputy member" also a case of "member"? If "yes" then the case is ruled 
by the statute's CoI-Rule anyway. If in doubt or if not, then: 

There is § 12 (5) which reads "The details of the induction and expulsion from the Membership 
Committee shall be regulated by a community by-law from the Board of Directors." 
So these by-laws maybe could have ruled (or specified the handling of) such a case; so the BoD is 
free to change or add such rules. 
So maybe no need to tweak the statutes - at least for the MC. But imho we need a solution for this 
for the BoD also. So a "yes" would be appreciated :-)
-- 
Mit freundlichen Grüßen
Uwe Altmann

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