Re: [wg-review] Clarifications requested from BoD, Staff, NC, TC,Chair prior to co-Chair elections

["Chris McElroy" <watch-dog@inreach.com>]

Nor any reasonable person's understanding. What you call just a procedural
step as far as whether they change the bylaws wasn't done before going
against the bylaws. That little procedural step can become a very huge
pothole if they aren't careful.

Chris McElroy aka NameCritic


----- Original Message -----
From: "Kent Crispin" <kent@songbird.com>
To: <wg-review@dnso.org>
Sent: Tuesday, January 09, 2001 1:44 PM
Subject: Re: [wg-review] Clarifications requested from BoD, Staff, NC,
TC,Chair prior to co-Chair elections


> On Wed, Jan 10, 2001 at 08:16:29AM +1300, DPF wrote:
> > On Tue, 9 Jan 2001 06:52:12 -0800, Kent Crispin wrote:
> > >Article VI, Section 2(g) only expresses a pre-existing fact,
> > >and it is there just to be absolutely sure that people understand it:
> > >The board can do anything it deems necessary, regardless of what the
> > >DNSO decides.
> >
> > It is not a simple as that.  The Board is bound by its own bylaws even
> > though it has the power to change them.
>
> That is true, but does not at all contradict the above point -- the
> power to change the bylaws really does override being bound by the
> bylaws, modulo a simple procedural step.  Moreover, my discussion above
> was concerning the powers of the board, in the abstract.
>
> > If the bylaws state that a
> > certain thing must happen before they decide something and that does
> > not happen then they are in breach of their bylaws.
> >
> > A individual member of the Board could then file suit against them for
> > having breached their own bylaws and have a good case.
>
> In theory, yes -- the directors do have standing to sue.  But in
> practice, what would be the remedy, if the director in question doesn't
> suffer any damage?
>
> Moreover, in our instant case the board has made its understanding of
> the bylaws very clear, and it is not Karl's understanding.
>
>
> --
> Kent Crispin                               "Be good, and you will be
> kent@songbird.com                           lonesome." -- Mark Twain
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