[Linux-aus] How the council breached their constitution - members register request section 7

[Colin Fee]

Hear, hear!

Further, having watched this issue unfold when it first arose, my sense is
that the action/request is petty.

A request was made for a copy of the register, about which the committee
informed the membership so that members could request that their details
remained private. allowing each member to exercise their
constitutional rights. I got no sense that "they [the committee] did not
like this request".

On Mon, 19 Dec 2022 at 08:25, Lyndsey Jackson via linux-aus <
linux-aus at lists.linux.org.au> wrote:

> Further to my email reply, Marcus, I missed this email "However, as they
> did not like this request they sent out a message stating I have requested
> this and advising you all that you can make your details private."
>
> It would be absolutely inadequate if my details were sent to you on the
> basis of this action. My details are private and if I find out they get
> sent to you I will start complaining. Loudly.
>
> I don't know what your intent or entitlement is here. I don't know you.
> Can you please declare it? Briefly. In case I need a lawyer. I am not
> engaging in an email conversation with you. Your intent seems malicious and
> I will not partake or placate.
>
> Lyndsey
>
> On Mon, Dec 19, 2022, 3:17 AM Marcus Herstik via linux-aus <
> linux-aus at lists.linux.org.au> wrote:
>
>> I believe our council has breached their duties in upholding our
>> association’s constitution.
>>
>> Some time ago I asked the committee for some details from the members
>> register, being name and contact details.
>>
>> This was asked for under section 7, subsection 4 which states “A member
>> of the association may obtain a copy of ANY part of the register…”
>> (emphasis mine).
>>
>> However, as they did not like this request they sent out a message
>> stating I have requested this and advising you all that you can make your
>> details private.
>>
>> I did not receive contact details of anyone.
>>
>> While they have stated that it would breach privacy I must state that all
>> members have agreed to the constitution as part of membership and this
>> request is specifically provided for in the constitution. See section 7.
>>
>> A member of the association has a right to request these details and the
>> council can not refuse.
>>
>> Instead, in determining that they can override the constitution at their
>> whim, they have breached our association’s constitution  and their
>> responsibility to uphold it and do the will of the members.
>>
>> If they want it changed then it must be put to a vote.
>>
>> As such I am advising you, the members of the association, that the
>> constitution has been breached and I will be seeking a resolution to this
>> with the council, under section 10(1).
>>
>> Regards,
>> Marcus Herstik
>>
>> M: 0405-569-466
>> A: P.O. Box 2443, Burleigh Waters, QLD, 4220
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-- 
Colin Fee
tfeccles at gmail.com
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