[Eg-oversight-board] Evergreen Project By-Laws

Gagnon, Ron gagnon at noblenet.org
Mon Apr 9 09:06:32 EDT 2018


I think Tim's suggestion is the way to go -- much as we do now to qualify
to vote.  I have concerns about the self-perpetuating concept.
Ron

On Mon, Apr 9, 2018 at 9:01 AM, Timothy Spindler <tspindler at cwmars.org>
wrote:

> I think the other option might be to make it a membership organization and
> make the bar really low using our current requirements for voting. Maybe,
> organizations can join if:
>
> --Contribute code directly
> --Hire developers to contribute code
> --Staff have reported and/or tested bugs
> --Staff have contributed documentation
> --Staff have served on a recognized committee/group (other than the
> Executive Committee)
>
> In this situation, any member could have staff who vote.
>
>
> <http://www.cwmars.org>
>
> Tim Spindler | Executive Director | CW MARS
>
> tspindler at cwmars.org | 508-755-3323 x120
>
> http://www.cwmars.org
>
>
>
> On Mon, Apr 9, 2018 at 8:57 AM, scott.thomas at sparkpa.org <
> scott.thomas at sparkpa.org> wrote:
>
>> If, indeed, we MUST be self-perpetuating (which actually is not apparent
>> from the attorney’s comments) and follow Ruth’s suggestion, I think we
>> should write the election into the By-Laws; e.g.; “The Board will solicit
>> candidates by polling the Evergreen community.”  While I have had many good
>> experience with self-perpetuating boards, we always need to guard against
>> insularity.
>>
>>
>>
>> Scott
>>
>>
>>
>> *From:* eg-oversight-board [mailto:eg-oversight-board-bou
>> nces at list.evergreen-ils.org] *On Behalf Of *Timothy Spindler
>> *Sent:* Saturday, April 7, 2018 2:48 PM
>> *To:* Ruth Frasur <director at hagerstownlibrary.org>
>> *Cc:* Oversight Board <eg-oversight-board at list.evergreen-ils.org>
>> *Subject:* Re: [Eg-oversight-board] Evergreen Project By-Laws
>>
>>
>>
>> I think that may be possible
>>
>>
>>
>> On Sat, Apr 7, 2018 at 12:59 PM Ruth Frasur <
>> director at hagerstownlibrary.org> wrote:
>>
>> Regarding the election, could it be such that we continue holding the
>> elections as is, and then do an "official" vote whereby the sitting board
>> elects the new members based on the vote of the community?
>>
>>
>>
>> On Sat, Apr 7, 2018 at 12:56 PM, Timothy Spindler <tspindler at cwmars.org>
>> wrote:
>>
>> Oy vey, here they all are
>>
>>    1. Do the board members have to be 1 year?  We currently have 3 year
>>    staggered terms.
>>
>>    Yes, we can do staggered 3 year terms.  Let me know what the current
>>    terms are for each director and I can make the change.
>>    2. Section 3.3 - is it essentially saying that the Board will elect
>>    the Board members?   We found the language a little confusing.
>>
>>    It is correct that the Board elects itself.  If the corporation
>>    doesn’t have “members”, which Evergreen did not want, then the board elects
>>    itself as a nonprofit has no shareholders.  It does seem unusual, but the
>>    self-perpetuating board is how many nonprofits function.  MOBIUS is
>>    different as it has members.
>>    3. Section 3.3 has "Directors participating maysimu ltaneously hear
>>    each other during the meeting."  Does this mean it has to be auditory (eg.
>>    Phone, Web Conferencing, or in person) or can we use IRC?  Would all votes
>>    be invalid in IRC?
>>
>>    This is what we discussed in our conference call.  For the one,
>>    official meeting that the board has each year, everyone has to be “present”
>>    and able to hear each other at the same time.  This is a statutory
>>    requirement in Missouri (and most states).  This meeting could be
>>    accomplished at the annual convention with anyone unable to attend in
>>    person calling in.  For that official meeting, it cannot be done via chat
>>    room.  Other, unofficial meetings can be held via the chat room.  However,
>>    any “votes” should be memorialized in a separate, written resolution signed
>>    by the board of directors.
>>    4. Our current rules of governance has a purpose and responsibility
>>    section, can we include something like this in Article I?
>>
>> We can add these provisions into the bylaws.  Please send over what
>> Evergreen would like incorporated.
>>
>>
>>
>>
>> <http://www.cwmars.org>
>>
>> Tim Spindler | Executive Director | CW MARS
>>
>> tspindler at cwmars.org | 508-755-3323 x120
>>
>> http://www.cwmars.org
>>
>>
>>
>>
>>
>>
>>
>> On Sat, Apr 7, 2018 at 12:55 PM, Timothy Spindler <tspindler at cwmars.org>
>> wrote:
>>
>> I hit send too soon
>>
>>    1. Do the board members have to be 1 year?  We currently have 3 year
>>    staggered terms.
>>
>>    Yes, we can do staggered 3 year terms.  Let me know what the current
>>    terms are for each director and I can make the change.
>>    2. Section 3.3 - is it essentially saying that the Board will elect
>>    the Board members?   We found the language a little confusing.
>>
>>    It is correct that the Board elects itself.  If the corporation
>>    doesn’t have “members”, which Evergreen did not want, then the board elects
>>    itself as a nonprofit has no shareholders.  It does seem unusual, but the
>>    self-perpetuating board is how many nonprofits function.  MOBIUS is
>>    different as it has members.
>>    3. Section 3.3 has "Directors participating maysimu ltaneously hear
>>    each other during the meeting."  Does this mean it has to be auditory (eg.
>>    Phone, Web Conferencing, or in person) or can we use IRC?  Would all votes
>>    be invalid in IRC?
>>
>>    This is what we discussed in our conference call.  For the one,
>>    official meeting that the board has each year, everyone has to be “present”
>>    and able to hear each other at the same time.  This is a statutory
>>    requirement in Missouri (and most states).  This meeting could be
>>    accomplished at the annual convention with anyone unable to attend in
>>    person calling in.  For that official meeting, it cannot be done via chat
>>    room.  Other, unofficial meetings can be held via the chat room.  However,
>>    any “votes” should be memorialized in a separate, written resolution signed
>>    by the board of directors.
>>    4. Our current rules of governance has a purpose and responsibility
>>    section, can we include something like this in Article I?
>>
>>
>>
>>
>>
>>
>> <http://www.cwmars.org>
>>
>> Tim Spindler | Executive Director | CW MARS
>>
>> tspindler at cwmars.org | 508-755-3323 x120
>>
>> http://www.cwmars.org
>>
>>
>>
>>
>>
>>
>>
>> On Sat, Apr 7, 2018 at 12:52 PM, Timothy Spindler <tspindler at cwmars.org>
>> wrote:
>>
>> I asked Donn the following questions based on the feedback so far.  Here
>> are the responses.
>>
>>    1. Do the board members have to be 1 year?  We currently have 3 year
>>    staggered terms.
>>
>>    Yes, we can do staggered 3 year terms.  Let me know what the current
>>    terms are for each director and I can make the change.
>>    2. Section 3.3 - is it essentially saying that the Board will elect
>>    the Board members?   We found the language a little confusing.
>>    3. Section 3.3 has "Directors participating maysimu ltaneously hear
>>    each other during the meeting."  Does this mean it has to be auditory (eg.
>>    Phone, Web Conferencing, or in person) or can we use IRC?  Would all votes
>>    be invalid in IRC?
>>    4. Our current rules of governance has a purpose and responsibility
>>    section, can we include something like this in Article I?
>>
>>
>>
>>
>> <http://www.cwmars.org>
>>
>> Tim Spindler | Executive Director | CW MARS
>>
>> tspindler at cwmars.org | 508-755-3323 x120
>>
>> http://www.cwmars.org
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> _______________________________________________
>> eg-oversight-board mailing list
>> eg-oversight-board at list.evergreen-ils.org
>> http://list.evergreen-ils.org/cgi-bin/mailman/listinfo/eg-oversight-board
>>
>>
>>
>>
>>
>> --
>>
>> Ruth Frasur
>> Director of the Historic(ally Awesome) Hagerstown - Jefferson Township
>> Library
>> 10 W. College Street
>> <https://maps.google.com/?q=10+W.+College+Street&entry=gmail&source=g>
>> in Hagerstown, Indiana (47346)
>> p (765) 489-5632; f (765) 489-5808
>>
>> *Our Kickin' Website <http://hagerstownlibrary.org>,  Our Rockin'
>> Facebook Page <http://facebook.com/hjtplibrary>,  and The Nettle Creek
>> Players <http://nettlecreekplayers.com>*
>>
>> --
>>
>>
>>
>> <http://www.cwmars.org>
>>
>> Tim Spindler | Executive Director | CW MARS
>>
>> tspindler at cwmars.org | 508-755-3323 x120
>>
>> http://www.cwmars.org
>>
>>
>>
>>
>>
>
>
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>


-- 
Ronald A. Gagnon
Executive Director
North Of Boston Library Exchange (NOBLE)
Danvers, Massachusetts  01923
978-777-8844
www.noblenet.org
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