[Chapter-delegates] ISOC Bylaws Working Group (BLWG)

Tue May 7 23:52:17 PDT 2013

Guys -

I will have to agree with the argument that sovereign laws in countries
other than America would prevent a unify or global Bylaw for all
organizations. The old notion that what is good for the west is good for all
other people must be forgotten. The running of any organization must take
into account the variation in culture practices as well as legal
requirements for each individual country. As members of a global
organization, we will of course be required to adhere to the core principle
of the parent body and as such adopt a bylaw that reflect the core values.

Regards,

Olu

From: chapter-delegates-bounces at elists.isoc.org
[mailto:chapter-delegates-bounces at elists.isoc.org] On Behalf Of John More
Sent: Wednesday, May 08, 2013 4:16 AM
To: veni at veni.com
Cc: chapter-delegates at elists.isoc.org
Subject: Re: [Chapter-delegates] ISOC Bylaws Working Group (BLWG)

Grigori

I believe you are exalting form over function.  Veni is correct.  There is
no way the bylaws (or whatever other documentation is involved in organizing
a group) would "copy" ISOC's bylaws. The question is what form the
affiliation with ISOC can take under local law. Naturally ISOC has the right
to require some minimum for group to call itself an ISOC Chapter. There are
provisions that ISOC requires to be included in a Chapter's bylaws or
organization documents.  I am not certain as to what extent these are
negotiable to comply with local conditions.  In some instances, presumably,
the barriers to any such minimum requirements could be so great that it
would be impossible to create a Chapter in any form. 

ISOC Bylaws define Chapters (taken from a version of the Bylaws for
discussion).

Internet Society Chapters are groups organized by ISOC individual members
(Article V) who share an interest and belief in the Society's principles and
mission, acting according to the Society's standards of performance. 

Nothing in here about the exact legal form such "organized groups" must
take.

At least with respect to the DC Chapter, whose Bylaws I drafted, there is no
written requirement that members of the DC Chapter be global members of
ISOC.  There is a requirement that we accept global members who wish to join
unless we have a good reason to reject them.  We were free to define who are
members eligible to vote. I see no written restriction requiring our members
to be global members.  Perhaps there is something somewhere else in ISOC
that has that requirement.

Your Chapter is in existence and recognized, to the best of my knowledge, so
I am uncertain the reason for all your concern.  But then I have nit been
party to any conversations you have had with the staff.

If the DC Chapter were to take positions or actions contrary to those of
ISOC, we agree in our Bylaws that we would have no right to be a ISOC
Chapter. We would continue to exist as a legal entity. 

I note as always that I am not legal counsel to ISOC (just to the DC
Chapter) and I am not an insider as to the processes and requirements for
forming a Chapter otter than what I experienced in chartering the DC
Chapter.

Perhaps others have had similar experiences as Grigori.  they should weigh
in.

John More

On May 7, 2013, at 9:00 PM, Veni Markovski <veni at veni.com> wrote:

Grigori,
I think you are not right -
every chapter has different by-laws from the ones of ISOC HQ. What you are
saying is impossible - there's no way for 100+ chapters to have by-laws
copying the ones of a US-based non-profit. It just doesn't work.
The chapter is a temporary status, while ISOC.am is for long term. If
tomorrow ISOC HQ disappears, ISOC.am will continue to exist, and -
hopefully! - flourish. And vice versa.
As for the members - again, your by-laws can figure out what to do with
global members, who don't pay membership fee to your chapter. Whether they
pay to ISOC.org, it doesn't concern you.

v.

On 05/07/2013 19:27, Grigori Saghyan wrote:

Veni,
it is impossible. Otherwise ISOC.AM will not be an ISOC Chapter -
according to ISOC global bylaws. If we shall have our by laws, different
form ISOC global bylaws, we shall be an independent  structure, not ISOC
Chapter. But we have our bylaws - according to the local law, and we do
not ask for our members to register themselves in ISOC Global as a members.
I think this contradiction is necessary to resolve.
Grigori Sahyhan
ISOC.AM

On 08.05.2013 2:46, Veni Markovski wrote:

That's up to you to figure it out in your by-laws.

On Tuesday, May 7, 2013, Grigori Saghyan wrote:

    Veni,
    if Chapters are independent, legal (or not), why Chapter members at
    first, as a per-condition, have  to register themselves (or with local
    Chapter management assistance) on ISOC Global IMS as a member ?
    Grigori Saghyan
    ISOC.AM <http://ISOC.AM>

    On 08.05.2013 2:27, Veni Markovski wrote:
    > Grisha,
    > That's an easy one: they are independent legal (or not) bodies. They
    > can't be anything else.
    >
    > On Tuesday, May 7, 2013, Grigori Saghyan wrote:
    >
    >     This a the main question -who are ISOC Chapters?
    >     Branches? Subsidiaries?  Daughter  companies of ISOC Global?
    Something
    >     flexible? Independent organizations according to the local laws?
    >     Grigori Saghyan
    >     ISOC.AM <http://ISOC.AM> <http://ISOC.AM>
    >
    >     On 08.05.2013 1:52, Maureen Hilyard wrote:
    >     > So how are we defined
    >
    >
    >     --
    >     Grigori Saghyan
    >     PGP Key ID: 0x48E4D5DC
    >
    >
    >
    > --
    > Best,
    > Veni
    > http://veni.com
    > https://facebook.com/venimarkovski
    > https://twitter.com/veni
    >
    > ***
    > The opinions expressed above are those of
    > the author, not of any organizations,
    > associated with or related to him in
    > any given way.
    > ***
    >
    >
    > == Sent from my phone, so any spelling mistakes are caused by the
    > touchscreen keyboard. That's a nice excuse, isn't it;-)
    >

    --
    Grigori Saghyan
    PGP Key ID: 0x48E4D5DC

-- 
Best,
Veni
http://veni.com
https://facebook.com/venimarkovski
https://twitter.com/veni

***
The opinions expressed above are those of
the author, not of any organizations,
associated with or related to him in
any given way.
***

== Sent from my phone, so any spelling mistakes are caused by the
touchscreen keyboard. That's a nice excuse, isn't it;-)

-- 

Best,
Veni Markovski
http://www.veni.com
https://www.facebook.com/venimarkovski
https://twitter.com/veni

The opinions expressed above are those of the
author, not of any organizations, associated
with or related to him in any given way.

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