Neil Schneider wrote: > > John H. Robinson, IV said: > > The SIG Guidelines are ambiguous as to when the separation is > > official. > > Also true. > > > There is in paragraph 3) stipulations that the SIG must turn over all > > assets to the SDCS within 30 days. It does not say that that is when > > the SIG is officially severed from SDCS, though I would tend to read > > it that way. > > I tend to think the seperation takes place, when it is requested and > affirmed by the board. Since nothing says otherwise, I believe the > seperation is complete then. The 30 day requirement for the turn over > of assets is a requirement to comply with law. It has nothing > whatsover to do with when seperation is complete.
It is ambiguous, as I mentioned. Howewver, paragraph 3 uses the word SIG in the present tense, so that would idicate that at the time of monetary transfer the SIG is still affiliated with the SDCS. I am not a lawyer. This is not legal advice. > > Now, if elections are postponed until after the SDMUG separation, then > > things get interesting. As Neil pointed out, board members must remain > > members of a SDCS. There are a few ways to be an SDCS member. One is > > regular membership, the other is via membership via a SIG. I would > > tend to read that everyone is a member via a SIG, unless dues were > > paid directly to the SDCS. There are also lifetime, honourary, and > > corporate members. These I do not think apply to the current set of > > SDCS Board members. > > The rules were changed. There is only one way to be an SDCS member, > that is through an affiliate SIG. There are no longer "regular > members", lifetime members, honourary or corporate members AFAIK. lynx -dump http://www.sdcs.org/bylaws/ | grep -A 36 'Section B. Classifications of Members' % lynx -dump http://www.sdcs.org/bylaws/ | grep -A 36 'Section B. Classifications of Members' | grep '[123456]\.' 1. A Regular Member pays full dues and has all rights and privileges 2. A Family Member resides in a Regular Member's household and has the 3. A Youth Student Member is under 18 years of age and has all Regular 4. An Honorary Membership may be granted by a two-thirds vote of 5. A Corporate Member may name three individuals as its 6. An Affiliated SIG Member pays all Regular Member dues, plus any Of course, there is no date on said bylaws, but the last modifed header seems to indicate they are rather recent: % lynx -head -dump http://www.sdcs.org/bylaws/ | grep Last-Modified Last-Modified: Mon, 17 Jan 2005 15:35:53 GMT > > > That said, as soon as SDMUG goes away, all members of the Board that > > were in SDMUG and only SDMUG are no longer eligible to hold Board > > seats. > > That could leave a very empty Board. > > Now you understand what I'm talking about. That is my primary concern. I thought you were going > > > It would also make some very angry ex-board members for them to be > > told this when SDMUG turns over their assets. If I were being mean > > and evil, I would verify (through the monthly SIG reports to the > > Board) that their membership is limited to only SDMUG. I would ask > > if SDMUG was officially separated from SDCS, and upon hearing yes, I > > would then inform them that their tenure as SDCS members and members > > of the SDCS Board was then nullified. That would be quite the > > fireworks. > > Again, it doesn't say in the SIG Guidelines that SDCS has to wait > until they turn over their assets for them to become non-members or to > complete the seperation from SDCS. Likewise, it does not say that the SIG is terminated upon the receipt of the letter from the SIG. It does say that a SIG can be terminated by the board, due to non-compliance, but the SIG has to be given a sixty (60) day warning before such a vote can be taken. Note also that the letter is an intent to separate. Most letters of resignation are effective for a future date, not the date that the letter is recieved. This is some sort of precedent, possibly. I am still not a lawyer. This still is not legal advice. > This is a legal constraint upon a 501c(3) non-profit corporation. I > expect that will happen at the next board meeting, May 25. There is a > reason why in the annoncement that Claude requested that everyone have > a copy of the bylaws and SIG guidelines downloaded from the site. Yep. Which I did. Which is where I draw my information from. > > To be really evil, I'd verify this with a lawyer, and have said lawyer > > present. Anyone know any bored lawyers that feel like doing some pro- > > bono work? > > What would be really evil, I will not say. *nods* Discretion/valour. I respect that. -john -- [email protected] http://www.kernel-panic.org/cgi-bin/mailman/listinfo/kplug-steer
