[Linux-aus] Re: [LACTTE] Constitution Version 6 - Last one!

[Anand Kumria <akumria@linux.org.au>]

Hi Pia,

On Sun, Jan 04, 2004 at 06:22:32PM +1100, Pia Smith wrote:
> Hi all,
> 
> This is the final Proposal for Constitution changes unless anyone makes
> any other necessary suggestions. 

Well you are probably aware that notice needs to have been by the
secretary 21 days prior to an SGM (Section 26 part 2). Currently the
SGM/AGM is marked down for the 15th Jan -- so notice needed to have been
given by the 25th December.

That may mean that nominations that are currently listed may be invalid
and will have to be taken from the floor. I suspect you could argue that
the changes in draft 5 were given with enough notice ... but you'd need
to check.

> The only change from version 5 is creating the ability for the 
> Secretary to approve or reject applications without having to refer to 
> the committee unless necessary. This will remove the need to have a 
> meeting to approve members. The secretary may defer decisions to the 
> committee of course. 

But it also means the secretary can reject membership, outright, with no
recourse.

> Please find this version at
> http://www.linux.org.au/org/new/constitutionv6.phtml

[[ Note: it wasn't linked in from http://www.linux.org.au/org/, ]]
[[ nor was number 7. I've just updated that page so they are    ]]

While regarding over the proposed changes I was struck by how some
proposed mechanism, some policy and some specified both. Also some
changes listed in the amended version of the consitituion (e.g. Section
3, parts 4, 5 and 6) don't appear in the list of proposed changes.

I've chosen to use the changes and apply them to a 'pristine'
consititution.

Some other problems:
	- The Committee can award honourary lifetime memership but that
	only requires a majority (4). Surely something like that ought
	to require a unianimous decision?

	Otherwise it leaves open the possibility of 4 members nominating
	themselves and their friends.

	- I'm unclear why change (6) is required. It says the same
	  thing but more cumbersomely

	- Change 7, says that membership ceases at the AGM. I'm worried
	  that there might be some strange interaction with that and the
	  '28 days to pay rule' (Rule 3, Part 3). Also I think the
	  second sentence of change 7 is unnecessary.

	- Change 8 needs to be modified unless there are lifetime
	  organisation or group membership's available

	- Change 10, since you have Rule 2 part (c) is why I flag the
	  second sentence of Change 7 as unnecessary.
	
	- Change 19, doesn't appear to be required. If you have both a
	  President and VP who won't call a meeting to order, this
	  allows it to occur.

	- Change 20; second part replaces "or by" with "and". Does that
	  mean you need to have 3 present _and_ 3 proxy members?

	- Change 22; removes the ability of the membership to override
	  the committee. Why is part (2) deleted? Surely you want money
	  to be deposited as soon as possible?

	- Change 23; is unneccessary, Common/Company seals are no longer
	  required for companies or associations in NSW (they are
	  optional).

	A few other typographical and spelling errors (title, etc.)

Something that isn't addressed is continuity of people within LA. There
is obviously some feeling that people don't want the entire committee to
be replaced each year (c.f. people asking me to be treasurer this year
and Jeff Waugh nominating because of the lack of other nominees).

There are a number of different models to think about:
	- create an IPP (Immediate Past President) position

suffers because only 6 of 7 positions are electible

	- create president-elect as well

means only 5 of 7 positions are contestible

	- alternate the number of people elgible for election each year

may be useful to have President, Vice-Pres., Secretary and
Treasurer positions last for two years each with say President &
Secretary + 3 ordinary committee members being elected.

And the next year having Vice-Pres & Treasuer + 3 ordinary members being
elected. It seems, to me, that that would ensure some level of
continuity and vibrancy in the people who decided to go for a position
on the committee.

Regards,
Anand

-- 
 `` We are shaped by our thoughts, we become what we think.
 When the mind is pure, joy follows like a shadow that never
 leaves. '' -- Buddha, The Dhammapada