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Re: [ga] Expired Terms

  • To: Jeff Williams <jwkckid1@xxxxxxxxxxxxx>, Danny Younger <dannyyounger@xxxxxxxxx>
  • Subject: Re: [ga] Expired Terms
  • From: Hugh Dierker <hdierker2204@xxxxxxxxx>
  • Date: Tue, 15 Feb 2005 06:19:17 -0800 (PST)
  • Cc: ga@xxxxxxxxxxxxxx, Bruce.Tonkin@xxxxxxxxxxxxxxxxxx
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Rules of interpretation are not that difficult. In California all contractual language should be considered in the light of good faith. Of course bad faith would be the opposite. The good faith portion of the recited provisions is that the actors act in good faith to obtain replacements, and not boardsquat. I think you will find the same provisions in most public offices in California. It is just that you must have another provision using the magic word "shall" about when and how replacements are found.
It is probably the press of business and lack of compensation that makes it impossible to elect new term people to the posts. I feel bad if they are overworked.
Also, Danny do not worry about knowing all the bylaws. Nobody who sits on a board knows them all except the lawyers. Most the time the elected are representative of those they represent and only personality matters unless they really screw-up. 
These are constituency representatives, so what does it matter who they put on there? Think of it as a rotating vestry at a church, whoever volunteers gets to put in the hours of work and put it on their brag sheet.
 
Eric

Jeff Williams <jwkckid1@xxxxxxxxxxxxx> wrote:
Danny and all former DNSO GA members or other interested
stakeholders/users,

You should have made yourself aware a long time ago now regarding the
bylaws Danny. Evidently unfortunately you had not before inquiring
about
Bruces term. I can only therefore wonder if you would be a suitable
candidate as you had several times in the past "Volunteered" yourself
for...

However I agree and have expressed discontent on the part of our members

and myself as to the irregularity of the bylaws and the section that
Bruce
references several times in the past..

Danny Younger wrote:

> Bruce Tonkin has sent me the following note:
>
> Hello Danny,
>
> Thanks for the reminder to confirm the terms of Council members.
>
> I note from the bylaws, Article X, Section 3, paragraph 2 that it
> states:
> "Each GNSO Council member shall hold office during his or her regular
> term and until a successor has been selected and qualified or until
> that member resigns or is removed in accordance with these Bylaws."
>
> I interpreted that to mean that the Council member would remain in
> office until a successor has been found. Clearly each constituency
> should be taking action to appoint a member for the next term.
>
> Regards,
> Bruce Tonkin
>
>
> I appreciate Bruce's quick and informed response -- I had not
> considered the possibility that an elected representative could remain
> in office long after their term had expired. Perhaps this is the norm
> in some part of the world... but it's not a way of doing things that I
> am accustomed to.
>
>
>
>

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
Pierre Abelard

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]
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