[Linux-aus] Presidential Succession

[Matthew Lye]

Thank you so much Silvia, that was very well done and should remove any
confusion.

On 07/05/2010 8:19 AM, "Silvia Pfeiffer" <silvia at silvia-pfeiffer.de> wrote:

Let's get the definitions of the constitution right (and I have simply
cut and pasted this from the constitution):

* ordinary member - means a member of the council who is not an
office-bearer of the association, as referred to in rule 14(2)

* 14 (1) the council is to consist of:
(a) the office-bearers of the association; and
(b) 3 ordinary members, each of whom is to be elected at the annual
general meeting of the association under rule 15.


* 14 (2) The office-bearers of the association are to be:
(a) the president;
(b) the vice-president;
(c) the treasurer; and
(d) the secretary.

*  14 (4) In the event of a casual vacancy occurring in the membership

of the council, the council may appoint a member of the association to
fill the vacancy and the memb...
* 18 (1) For the purposes of these rules, a casual vacancy in the
office of a member of the council occurs if the member:
(d) resigns office by notice in writing given to the secretary;

Note that "holding office" is not identical to "being an
office-bearer" - all council members hold office, but only 4 special
ones are "office-bearers", because they have special legal obligations
according to the Act.


Thus:

1. James is president and has resigned appropriately consistent with
rule 18 (1) and there is now a casual vacancy on the council.

2. The role of president is that of an office bearer (rule 14 (2) )
and through that a member of the council (rule 14 (1)).

3. The council has shared with us its intention to appoint a member of
the association to fill the vacancy, namely John Ferlito, which it did
according to rule 14 (4).

4. Since John Ferlito is also a treasurer and it does not make sense
for him to work two roles, he will need to resign from the treasurer
role (according to rule 18 (1)) to make room for another vacancy on
the council.

5. This new vacancy can again be filled by the council through a
member of the association according to rule 14 (4), for which the
council has shared its intention with us to appoint Josh Hesketh.

6. Note that nowhere in the constitution does it say that the council
has to consult the membership in executing these actions. I believe
that the council has, however, done the right thing in announcing its
intentions to us and being open about this.

I support the council in these actions.


Best Regards,
Silvia.




On Fri, May 7, 2010 at 1:00 AM, David Newall <davidn at davidnewall.com> wrote:
> James Polley wrote...
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