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Posts: 2,222 | Thanked: 12,651 times | Joined on Mar 2010 @ SOL 3
#221
Originally Posted by Win7Mac View Post
Exactly. And if Council decides to hire a hitman to get rid of you, that'd be illegal. But if Council decides to rent a Datscha for their next meeting or, let's say rent some obscure servers for backup services for 50€/month, that wouldn't be nescessarily illegal, but still Board has to sign responsible for it. Hope you finally get it too.
Yes, board has to sign responsible for such stuff and that's absolutely OK. When board doesn't like to pay the Datscha or the servers, they need to come up publicly with their concerns and have Council justify in community-public discussion what are the reasons and legitimations for asking for that stuff. When community decided that Council shall proceed with such servers or meet in that Datscha, then it's not up to Board to override such decision. What board can do is blocking the execution until after things got sorted (usually, but not always, depending on a few well known best practices aimed at minimizing unrecoverable damage). Worst case - when board doubts that Council acts in best interest and implicit order of community - this sorting needs a referendum about the question. Every significant and reasonable voice in community can call for such referendum, so also the board. Council has to obey and start a referendum when no other way to unanimously resolve the conflict can be found. And when the result of such referendum is still not acceptable for board, they are free to resign. They are not free to ignore the Community decision, no matter what reasons they might have. Once we had a red-button last resort when council starts acting rogue and for example doesn't initiate a referendum to sort conflicts, or when board starts acting rogue and simply ignores Community decision. It's another flaw of the e.V bylaws that not even something faintly similar was included in them.

Originally Posted by Win7Mac View Post
That's why Council as Communitys' representative is part of the eV and why there is § 7 (5): "The Board of Directors executes the Council's and General Assembly's rulings." If Board should be forced/obliged to do exactly what Council tells them to do, consequently Council needs to be a part of the eV. A Council completely detached from the eV and being able to force Board into anything is not an option AT ALL.
Says who? An e.V. is free to have whatever rules in its bylaws that say they will act in accordance and following advice of $arbitrary_entity, for this the entity doesn't need to be integrated into the e.V. structures. You're making up stuff here that complicates matters for no good reason, and state it like you're owner of ultimate wisdom and truth. Also please avoid the misleading term "force into something" since that's not going to happen, ever. It's the e.V.'s bylaws that force the board to obey to Community and their representative Maemo Council, or at least they should, and I don't see why they can't. It's exactly the purpose of the board being a separate entity from Council to allow them to rethink and refuse to act immediately and slavishly when the rethinking results in some legal problems being detected, and start a conflict resolution process as sketched above.
Originally Posted by Win7Mac View Post
What's needed is a clarification which rulings can be made by Council and which by General Assembly.
That's no question at all. There is no room for any decisions made by a GA that are in conflict to what the Maemo Community asks for. That's exactly what, I already told you twice now, is your root problem.


/j
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