[Chapter-delegates] Follow-up: Serious considerations to dissolve the Cambodia ISOC Chapter

[John More]

I had pointed this out when the DC Chapter was formed.  In fact, the directors have a fiduciary duty and legal requirement to enact changes where needed irrespective of this requirement.  On there other hand, if the changes were to subvert or contradict the mission and policies of ISOC, then the review is appropriate.

Another task to put on the list.

John More
Treasurer 
Washington DC Chapter

On Sep 27, 2013, at 4:02 PM, Ted Mooney <mooney at isoc.org> wrote:

> While noting that these are "guidelines " and not required, per se, I also agree that such clauses require revision.  The essence of the by-laws review by ISOC Membership & Services is to assure adherence to our values and principles – inclusion, diversity, democratic governance, succession, etc. I do appreciate that the By-laws guides are in need of a review.
> 
> Ted
> 
> From: Veni Markovski <veni at veni.com>
> Reply-To: "veni at veni.com" <veni at veni.com>
> Date: Friday, September 27, 2013 3:49 PM
> To: Klaus Birkenbihl <Klaus.Birkenbihl at Isoc.de>
> Cc: "chapter-delegates at elists.isoc.org" <chapter-delegates at elists.isoc.org>
> Subject: Re: [Chapter-delegates] Follow-up: Serious considerations to dissolve the Cambodia ISOC Chapter
> 
> 
> But wait, that's not all! 
> 
> This is becoming more and more worrisome! 
> The text, actually, comes from... ISOC Global !!
> It is mandatory! 
> 
> http://www.isoc.org/isoc/chapters/guidelines/bylaws.shtml
> 
> Article XI. - Amendment and Voting Procedures
> 
> *All proposed changes to these Chapter Bylaws shall have been approved by the ISOC Membership Team before being presented to the Chapter membership for a vote.*
> 
> I have no recollection about these guidelines, but they have so many flaws, errors and statements which contradict the national law, that if it was up to me, I would remove them permanently right now from the web site, and will put a statement that they were there by a mistake. 
> Why I am saying it? Because it is not the only mandatory text in these guidelines, and the rest is equally unacceptable by national legislation, but also by common sense. Take article 1:
> 
> Article I. - Name
> 
> * This organization shall be called the [ your chapter name ] Chapter of the Internet Society.*
> 
> There's no way for a non-profit, which is created, and is not yet a recognized chapter to have this in their title. Further, to put it in the title, in some jurisdictions, would require some kind of document from ISOC, and in some cases this may be a Board decision. A Board decision of ISOC HQ. Really? Really???
> 
> Or how about article II - Purpose -  (again mandatory!)
> * This Chapter is chartered by the Internet Society. These bylaws neither supersede nor abrogate any of the Bylaws of the Internet Society that regulate chapter affairs.* 
> 
> What if the bylaws of ISOC.org are against the laws of national chapters?
> 
> I can only imagine how some chapters might be feeling now, when they are reading these quotes. 
> 
> But wait, that's not all! 
> 
> How about "* All members of a chapter shall also be members of the Internet Society*" (again mandatory!)
> 
> Really?
> 
> Again - this page needs urgent take down. 
> 
> 
> best,
> veni
> chairman of the board
> ISOC - Bulgaria. 
> 
> 
>     
> On 09/27/13 13:45, Klaus Birkenbihl wrote:
>> 
>> Norbert Klein wrote on 2013-09-27 11:15:
>>> During this process we also faced the dilemma resulting from the following section of the proposed Bylaws:
>>> Article XI. - Amendment and Voting Procedures
>>> All proposed changes to these Chapter Bylaws shall have been approved by the Internet Society (International) before being presented to the Chapter membership for a vote.
>>> 
>> Hoho! Would be good to know how many chapters have this in their bylaws. (I wonder how to work as a responsible board member of a registered association in county (A) while non members of the association in country (B) can control and block decisions.) Not being the lawyer in our board I wonder if this would be legal at all. And what btw. if a chapter member requests a change of the bylaws? How could this work? Just for curiosity: is the guy who "proposed" this still on ISOC staff?
>> 
>> Best, Klaus
>> 
>> 
>> -- 
>> Klaus Birkenbihl
>> Treasurer and Board member
>> Internet Society German Chapter e.V. (ISOC.DE)
>> c/o ict-Media GmbH
>> http://www.isoc.de/
>> 
>> 
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> 
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