On 2015-12-29, George Herbert george.herbert@gmail.com wrote:
I do think the Foundation legal staff need to review and some fix to this needs to be made to the Bylaws for the future, either overriding 617.0808 (1) (a) 2. explicitly or by making community vote explicitly the recall mechanism for trustees elected by the community.
I think that bylaws are pretty coherent with the statute; what might need an adjustment is the following wording from the resolution appointing new members:
Resolved, that the Board of Trustees ("Board") approves and authorize the election of (...)
to fill the Community-selected seats on the Board for the coming term.
Resolved, that (...) is/are appointed to the Board, for a term of two years beginning on X, and continuing until Y until approval and authorization of the selection process in Z to fill these positions, whichever comes first.
Section 1 is clearly appropriate for the elected board members. Section 2 is only appropriate for the appointed board members. Even the bylaws do not use the term "appointment" when referring to the board member selected according to the article IV, section 3, subsections (C) and (D). The appointment comes into play when there is a vacancy ("appoint the candidate receiving the next most votes").
Saper