Gordon and all,
Good point here Gordon, and one that we [INEGroup] eluded to
some time ago now. However the flip side of this is that we amongst
other groups, as awareness increases, can counter balance Don
and anything the ISOC can possibly put together as far as membership
influx, very easily
Gordon Cook wrote:
> yep and the next line in the battle is how to prevent them from having
> 5,000 members whose view of the internet is any broader than seeing how don
> heath wants them to vote on any issue.....that's what they have up their
> sleeve
>
> >Joe Sims a �crit:
> >>
> >> You keep quoting the bylaws, but you always omit
> >> Section 2 (g), which reads as follows:
> >>
> >> "Nothing in this Section 2 is intended to limit the powers of the Board or
> >> the Corporation to act on matters not within the scope of primary
> >> responsibility of a Supporting Organization or to take actions that the
> >> Board finds are necessary or appropriate to further the purposes of the
> >> Corporation."
> >
> >The key words here are "appropriate to further the purposes of the
> >corporation". If the board takes an action that is not in agreement
> >with the stated purposes of the corporation, it must justify that
> >action. And it is the membership, not the board, which has the last
> >say in what is the purpose of the corporation, and if that purpose
> >may be altered.
> >
> >Also, according to the corporation law of California and federal law
> >as well, the bylaws of a corporation are subordinate to state and
> >federal laws. Nothing written into a corporation's articles or
> >bylaws can be superrogatory to the law, and the law makes all
> >corporations, especially non-profit ones having memberships,
> >subservient to their membership. Any autonomy of the board is
> >transitory, and particularly so if the board takes measures that are
> >not evidently in keeping with the purposes of the corporation.
> >
> >Mr. Sims has written "Since, as you point out, I wrote this
> >language, I feel comfortable in interpreting it", but it is not for
> >Mr. Sims to interpret anything. Mr. Sims is a functionary of a
> >membership organization and, as such, is himself subservient to the
> >membership, which can replace him at will. Only the the California
> >Attorney General and the state and federal courts have the authority
> >to "interpret" the laws. JonesDay has made the same error in the
> >past, believing in its arrogance that it has the power to supercede
> >the law, and it has been put back into its place and made to pay the
> >price of its arrogance and unlawful behavior. If Mr. Sims continues
> >in the present vein, it could happen again.
> >
> >As to the powers of the Supporting Organizations, they have merely
> >to put their policy to a vote of the membership and, if it is
> >ratified, and if the board refuses to enact it, destitute the board
> >forthwith, as is done in all corporations everywhere, commercial or
> >non-profit, incorporated or not.
>
> ****************************************************************
> The COOK Report on Internet Index to seven years of the COOK Report
> 431 Greenway Ave, Ewing, NJ 08618 USA Exec summaries, glossary etc
> (609) 882-2572 (phone & fax) http://cookreport.com
> [EMAIL PROTECTED] What's Behind Ican and How it Will
> Impact the Future of the Internet http://cookreport.com/icannregulate.shtml
> ****************************************************************
Regards,
--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number: 972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
