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Grex > Coop11 > #115: Did the Board overstep its authority? | |
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| Author |
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richard
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Did the Board overstep its authority?
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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.
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| 73 responses total. |
richard
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response 1 of 73:
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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.
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jshafer
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response 2 of 73:
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Jul 29 22:08 UTC 1999 |
Lay off the crack, OK?
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steve
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response 3 of 73:
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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.
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richard
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response 4 of 73:
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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?
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