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Re: [steering-discuss] Community bylaws


Hello Gianluca,

Le Sun, 14 Nov 2010 15:50:28 +0100,
Gianluca Turconi <ml@letturefantastiche.com> a écrit :

> Il 14/11/2010 14.29, Charles-H. Schulz ha scritto:
>
> >> 1) Quotation from the draft: "The Engineering Steering Committee
> >> (ESC) is made of developers who are coopted (i.e, there's no need
> >> for election and there can be as many members of the ESC as
> >> needed)."
> >>
> >> question: *must* these developers be Foundation *members* at the
> >> same time too?
> >
> > Your question is giving me the opportunity to clarify something
> > which is in the bylaws but it needs to be clearly written: the
> > foundation itself (the legal entity) will not/shall not have members
> > per se.
>
> OK. It works like in Italy.
>
> So, we're now *formally* speaking about a real Foundation, not an
> "Association" with members.


Yes. Although this notion fades away as soon as you're into an
Anglo-Saxon context. But so far, we intend to have a real foundation,
if we can't, we'll still keep the "formal setting" and concept of a
foundation.

>
> Therefore, if I'm not wrong, there is a whole part of the bylaws that
> is "informal" (membership, board election, ...), this is to say it is
> not legally enforceable in a country like France or Italy. Or it is
> partially enforceable only.


Yes, and this is why we named them "community bylaws" and not a
"Foundation bylaws" or "statutes". So this document is what we do on a
daily basis, not an establishment of an entity. But we do intend to
follow these bylaws, as they will be the one ruling how we work and
collaborate.

>
> That's just fine, IMO, as far as the (individual) "members" exactly
> know what their *real*, legally enforceable rights are. In a
> sentence: where the Foundation ends and the Community begins.

Yes.
>
> Corporations and administrations understand this kind of stuff better
> than individual persons. ;-)
>
> >> possible issue: sponsored developers can be coopted by other
> >> developers and their employer can gain more powers/rights other
> >> than the seat in the Advisory Board.
> >
> > Yes it is a risk, but then there is also social pressure, that works
> > in two ways. What would you suggest ?
>
> A balance of powers. :)
>
> This is to say: both BoD and ESC with a fixed number of members
> should be elected from "members" and "members-developers" and a
> maximum % of those seats reserved to main sponsors. AB with its
> advisory role remains for *all* sponsors.

Well, I don't wish to discriminate that much; see my proposed provision
for the three members of the BoD as being employees of the same
company. As for the ESC, I do believe that (aside the solution
discussed for the Chairman's election) we should thus have either a
limit on its members with equal or similar provision put on the number
of employees of a same corporation, and a specific number of members
(we can have a variation and a ratio if needed).

best;

--
Charles-H. Schulz
Membre du Comité exécutif
The Document Foundation.

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References:
[steering-discuss] Community bylaws"Charles-H. Schulz" <charles.schulz@documentfoundation.org>
Re: [steering-discuss] Community bylawsGianluca Turconi <ml@letturefantastiche.com>
Re: [steering-discuss] Community bylaws"Charles-H. Schulz" <charles.schulz@documentfoundation.org>
Re: [steering-discuss] Community bylawsGianluca Turconi <ml@letturefantastiche.com>
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