|
Grex > Coop11 > #115: Did the Board overstep its authority? | |
|
| Author |
Message |
richard
|
|
Did the Board overstep its authority?
| 
Jul 29 21:48 UTC 1999 |
At the last board meeting, the board voted to shut down grex if that
injunction hadnt been granted in the court case. I re-read the bylaws and
I do not see anything in the bylaws giving the board the authority to shut
down grex. The bylaws state that the board is responsible for:
1. System maintenance
2. overseeing staff responsibilities and appointments
3. issues related to daily business
As there is nothing in there giving the Board the specific authority to
shut down Grex and suspend or discontinue operations, the board
overstepped its authority passing that motion. That motion should have
been sent to a member vote-- only the membership can vote to end Grex, or
suspend Grex. There is nothing in the bylaws that says that the board can
supercede the authority of the membership and end Grex by its own vote.
Maybe the bylaws should be amended to give the board that authority, but
as they now read the board clearly overstepped its authority.
|
| 73 responses total. |
richard
|
|
response 1 of 73:
|
Jul 29 21:52 UTC 1999 |
to clarify, the bylaws do not give the board the authority to shut down
grex even a time-sensitive situation-- only the membership as a whole
can vote to dissolve or discontinue grex, even temporarily.
|
jshafer
|
|
response 2 of 73:
|
Jul 29 22:08 UTC 1999 |
Lay off the crack, OK?
|
steve
|
|
response 3 of 73:
|
Jul 29 22:57 UTC 1999 |
Now, now... Richard has every right to ask things like this, as does
anyone on the planet who uses Grex, by they from Dexter or VietNam--or
even Mars.
The parts 1..3 that write of in #0 are correct but they aren't the
whole story. Along with those more routine things is guideance. The
function of the board, really, is to steer the system along the nearly
uncharted waters of running a system on an unbelievably small amount
of money (less than 30 cents a year per year), and to keep it in good
shape. Presumably this also means to run a legal system.
Thus I think that preparing for disaster scenerios under extraordinary
situations makes a lot of sense. This was one of those times, and the
first that I know of that has involved Grex so directly.
If there are those who feel that we the board overstepped our authority
I would like to hear it, and hear of other possible ways that we might
deal with situations like this, should they arrise in the future.
|
richard
|
|
response 4 of 73:
|
Jul 29 23:06 UTC 1999 |
this situation was known well before the board meeting, and it was known
well before that there was a possibility of the injunction not being
granted. there was time to have put it to a member vote. even after
the board meeting, there could have been an emergency member vote with
the polls opened the next day for three days or something.
the point is, do the bylaws *specifically* give the board to, at any
time or for any reason, discontinue grex without the expressed consent
of the membership?
|
steve
|
|
response 5 of 73:
|
Jul 29 23:28 UTC 1999 |
I think that perhaps by now you know that I am not in favour of
complex rule structures, Richard.
If you are going to go down the road of 'what do the bylaws
*specifically* say about ...' I'm afraid you're going to wander
into some barren territory. The bylaws presume that the board
members (and members in general) posess the intelligence of a
soapdish, and thus do not need all possibilities spelled out for
them.
|
saw
|
|
response 6 of 73:
|
Jul 29 23:45 UTC 1999 |
LONG LIVE GREX!!!
I've been a user for just over a year now and have enjoyed using
Grex. I use it for E-Mail, reading the conferences, occasionally for
party, and I have FRIENDS here.
I would hate to see a place like Grex go because the government
passed some law that was stupid in the first place. My view has always
been that the government doesn't OWN the Internet--it's owned by the
backbone providers, and it spans MANY countries. Therefore, if a rule is
to be made about the Internet, it should be agreed upon by all countries
who use the Internet. (Just my personal $0.02 on it.)
|
richard
|
|
response 7 of 73:
|
Jul 29 23:58 UTC 1999 |
I dont think there need to be specific provisions for everything-- but
the need or desire to shut down grex and cease operations is so major
an issue that the board shouldnt act on such unless they are given
that authority.
the bylaws dont say that the board members cant vote to take an axe
and smash up grex's hardware either, but would they assume the right
to do that without member approval?
I think its dangerous to have bylaws that are *so* vague that the board
can assume virtually any authority...there have to be certain issues
that are *so* important that only the membership can or should decide.
this is one of those issues.
|