[Noisebridge-discuss] Noisebridge Executive Director

Ever Falling everfalling at gmail.com
Mon Mar 1 08:45:21 UTC 2010


"Another one of the old founding phrases of Noisebridge is applicable
here:  Try not to solve problems before they occur."

The thing is the problem IS happening now and is the perfect time to solve
it. even if this isn't the case the problem concerning a consensus bumping
up against a multiple choice problem is inevitable and i think this is a
great oppertunity not only to iron out the kinks on how we might solve this
dilemma but also put it into practice. we have two whole weeks to come up
with an ED. i think that's plenty of time for a little experiment in the
political process. after all we did take a majority vote for the BOD
members, yes? i don't see why that wouldn't work just as well for the ED.

as to the rubber stamping thing that's nice and all but i think the sooner
we get an ED the better. it's very shaky if we have the mindset that 'meh
the previous ED will just kinda stay on and pick up the slack as we muddle
through this. appointing a new ED can wait another day...week...month...'

On Mon, Mar 1, 2010 at 12:22 AM, Andy Isaacson <adi at hexapodia.org> wrote:

> On Sun, Feb 28, 2010 at 11:08:53PM -0800, Ever Falling wrote:
> > and if we fail to consense
> [snip 208 words of borrowing trouble]
>
> Another one of the old founding phrases of Noisebridge is applicable
> here:  Try not to solve problems before they occur.
>
> As it stands, AFAIK we have a lame-duck executive director; if we need
> anything done by the ED, Jake can do it as necessary until replaced by
> the board.  If the membership decides to appoint a new ED, the board
> will obviously rubber-stamp that decision (it's our primary purpose as
> the board -- to rubber-stamp the decisions of the membership).
>
> I certainly don't know for sure, because I'm not a judge or even a
> lawyer, but I suspect that if the matter ever did enter a legal forum,
> the ambiguity in the bylaws would lead the judge to decide that the
> executive director serves until replaced; as a corporation, we can't
> exist without an ED.  (Imagine trying to change your legal name and
> losing the paperwork halfway through.  The courts obviously wouldn't
> decide that you had no name, they'd just prolong the old one until the
> paperwork was completed.)
>
> The board should have appointed a new ED after the previous one year
> term expired, but our failure as a board to do our job shouldn't prevent
> the ED from doing his in the best interests of the community.
>
> (Yes, I'm aware that there are differing opinions amongst various
> members as to how to resolve the ambiguity in the bylaws.  I'm simply
> stating my opinion and what I think it's most likely a court would
> decide if it were to get to that point.)
>
> -andy
>



-- 
Trying to fix or change something, only guarantees and perpetuates its
existence.
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