[Linux-aus] Affiliates no longer welcome

Brenda Aynsley bpa at iss.net.au
Wed Jul 20 16:21:49 EST 2011


On 20/07/11 14:36, Silvia Pfeiffer wrote:

> Moving to the new model rules ensures that we are compliant with
> current requirements for Associations, which I believe we'd have to
> get checked by a lawyer if we didn't do that. I've had that situation
> with another association that decided not to base its constitution on
> the current model rules and they were asked to get a lawyer to certify
> that they are still meeting all the legal requirements. I'd rather
> avoid that legal expense and get on with doing constructive work for
> the organisation - something that the current committee has been doing
> really well and has not been allowed to do much in recent weeks for
> having to sort out this constitution issue.


hi folks, "having to sort out this constitution issue." is part and 
parcel of having an organisation like this.  It's as important as any 
other aspect of 'doing constructive work' as any other constructive 
work, after all if we don't pay attention to our structure - the 
constitution - then we may live to rue the day with unintended 
consequences or indeed intended but not easily seen consequences :). 
Indeed one could argue we are at this point because we did not pay 
sufficient attention to compliance with the legislation over our history 
to date.

I suspect David is saying, without saying it, that in chucking out all 
the Linux Australia constitutional history, that the baby is going out 
with the bathwater.  Maybe a good cleanout is a good thing, but knowing 
what is being chucked out is not a bad thing either.

I would like to suggest a way forward,

1. Agree on adopting the model rules

2. Identify the bits that are missing from the old constitution and add 
them if each bit is still required to be part of the constitution. 
Where conflict exists between the new model rules, and after all they 
are simply a template that complies with the legislation, resolve the 
tension and at the end of the day the legislation rules!

After all it's not one thing (model rules) or the other (the old 
constitution).

Just a suggestions to move the debate along.

cheers
brenda

-- 
Brenda Aynsley, FACS, CP, ACCE Associate
Honorary Life Member and Vice President 2010-2011
Australian Computer Society (ACS)
Chairman SA Committee The Pearcey Foundation Inc
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Melbourne, 25-26 August 2011 http://www.yitcon.org.au/
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