[Foundation-l] Board resolutions (chapters)

[Delphine Ménard]

On Tue, Jan 20, 2009 at 12:41, Florence Devouard <Anthere9 at yahoo.com> wrote:
> Sebastian Moleski wrote:

>> I don't agree that that's necessarily the case. It's entirely within
>> the realm of possibility for a chapter (board) to appoint a
>> representative who can make decisions/vote on behalf of the chapter.
>
> This should be checked by a lawyer, but imho, that's not correct, at
> least in France. Of course, this would depend on which types of
> decisions. If the decisions were completely operational and if the
> chapter has an ED, and if the decision is within the range of the
> strategy defined by the board, it's entirely okay that the ED makes the
> decision.

I an not sure we need a lawyer here. Even in France :)

The Board (in a French association) has been mandated by the General
Assembly to make the decisions concerning the association. As such, it
is totally in the realm of its power to delegate someone to
"represent" the association at a meeting and even "make decisions" on
its behalf. The only thing being, if the person makes a decision that
the board is not ready to support, then the board has to live with it
and be accountable in the next General Assembly.

As I pointed out, I think it's more of a cultural issue than a legal one. :)


Delphine



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