Re: [Fsfe-uk] Membership, Executive membership and a suggestion

[John¹]

On Monday 02 March 2009 16:16:19 Jason Clifford wrote:
> Having read through some, but not all, of the posts here in recent days
> and having just read through the constitution of AFFS I'd like to ask
> whether any members actually had their membership terminated by the
> Executive or not following the apparent break down in the operation of
> AFFS?
>
> My reading of the constitution leaves me with the understanding that
> unless members have actually resigned their membership or had it
> terminated by the executive they may still be members, albeit members
> who owe AFFS membership subscription money.
>
> Further to this the constitution states that members of the Executive
> may only serve for a maximum of 4 continuous years. As there have been
> no elections for more than 4 years - the 2005 AGM didn't happen due to a
> lack of a quorum - it may well be that for AFFS to exist now requires
> that the membership and Executive choose to accept as true the fiction
> that the intervening time has simply not happened - otherwise there
> seems to be no valid means of even calling an AGM to try and resolve the
> status of AFFS at all.
>
You are no doubt absolutely correct, to imagine that the the intervening 
time has not elapsed is indeed a fiction, there is no valid way of calling 
an AGM, and what should have happened was the the meeting of 2005 should 
have noted its proceedings, and been recalled as an EGM with two items on 
the Agenda, 1) to hold a quorate AGM, or 2) to wind up the AFFS, neither 
happened, if you wish to continue with this method of going forward, then 
I would suggest that you first consult a solicitor  
>
> I'd like to suggest that we do exactly that. We simply reboot AFFS upon
> the basis that it is as it existed at or after 15th Aug 2005, excepting
> those members who actually did resign their membership.
>
> This would allow for there to be a meeting at which it can be decided
> whether or not AFFS should continue to exist at all and how to move
> forward from that decision.
>
> I know this is a contentious suggestion however it strikes me that no
> possible way forward exists that complies with the constitution and
> allows the membership to have a real say in the matter.
>
> Jason Clifford
>

If you wish to relieve me of the work that I have started, please feel free 
to let me know. However please consult a solicitor first, don't forget to 
mention when you do that there seems to be at least one extant member.  
-- 
John Seago
GNU/Linux Registered User No. #219566 http://counter.li.org/