Hello,
Under rare circumstances, the Board could choose not to appoint someone who won a community election to a seat; however in that case the candidate receiving the next most votes must be appointed instead. That may constitute an election process, despite the caveat.[1]
SJ
[1] From IV.3.C of the Bylaws: "In the event that a candidate is selected who does not meet the requirements of Subsection (A) or other requirements of these Bylaws, or of applicable state or federal law, the Board will (i) not approve the selected candidate, (ii) declare a vacancy on the Board, and (iii) appoint the candidate receiving the next most votes to fill the resulting vacancy"
Even physical governments often have part of the government that must officially recognize the results of an election, and that can declare a candidate unfit to hold office, or an election process invalid; though they usually have much narrower guidelines than meeting the requirements of IV.3.A.
On Sat, Jul 17, 2010 at 9:20 AM, Thomas Dalton thomas.dalton@gmail.com wrote:
On 17 July 2010 00:28, Federico Leva (Nemo) nemowiki@gmail.com wrote:
I'm a bit late here, but I have three (little) questions:
- Page 7, part VI, section A, line 7a: "Does the organization have
members, stockholders, or other persons who may elect one or more members of the governing body?" Why is the answer "no"? Because of the definition of "elect" (perhaps they're not considered elected because a board resolution is needed)?
Legally speaking, all board members are appointed by the board. The community and chapters merely make recommendations, which have always been followed and always will be unless something particular extraordinary happens, such as the community or chapters recommending someone that isn't eligible to sit on the board due to bankruptcy or convictions for fraud, etc., but legally the board can choose not to follow the recommendations for pretty much any reason they like. The Bylaws say: "The Board must comprise members [...] that will best fulfill the mission and needs of the Foundation." and the Board are allowed to not approve a recommendation of the community or chapters if they think it would violate that bylaw, which is an extremely broad power. (Of course, the board knows they need to support of the community if they are going fulfil the mission of the Foundation, which is why they will show great restraint in regards to that power.)
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