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woody14619's Avatar
Posts: 1,455 | Thanked: 3,309 times | Joined on Dec 2009 @ Rochester, NY
#260
Originally Posted by Wikiwide View Post
So are you saying that elected Members of Parliament should worry more about the risks and liabilities than about the goals and wishes set in front of them by the electorate?
I'm saying anyone who blindly takes on legal liability, while giving over the right to control that liability, is not someone you want in the role of Board member.

Board != Parliament. The Board is not about making rules or laws; it's about keeping things running and benefiting the community. It's more of a head of state, if anything. Do you really want an executive that doesn't consider risks and liabilities in the actions taken on behalf of the electorate?

On the risk front: before I left there had already been at least three instances of Council and/or "community" pushing for items and actions that were in a legally grey (heading toward illegal) area. Meaning that had those requests/demands been followed through (and/or discovered by the wrong parties later) it could have seen Board members in a situation of being liable for legal prosecution. Each push-back from the Board against these items was seen on TMO and/or IRC as said pusher(s) exploding about how the Board was:
  • usurping their authority.
  • taking over everything.
  • destroying/selling-out the community.
  • negotiating away our legal rights to do X, Y, and/or Z.
  • spreading lies/slander to further their own "agenda".*

*An agenda that they then could not describe the basis of or reasoning for other than members "controlling" the community in some way.

Again, there is a reason there's been a high level of turn-over on the Board. Most people don't want to risk the assets they've put their lifes work into over a social group. With under $4K in the coffers, who will pay for legal defense of Board members if a lawsuit occurs? Most also don't want to spend time and/or personal funds defending themselves in a court over a legal misstep that someone else took against their wishes.

Giving any form of "final say" to anyone other than those holding legal liability will result in no one of intelligence taking on those positions. If you do snag someone into taking on the role while not understanding the risk, they'll flee as soon as they figure out what they've gotten themselves into. Neither scenario lends itself to a stable Board or community.

The fact that some people either can't understand this, or deny the fact that this is legally the situation, is baffling to me.
__________________
Maemo Council Member: May 2012 - November 2012
Hildon Foundation founding member.
Hildon Foundation Board of Directors: March 2013 - Jan 15, 2014

Last edited by woody14619; 2015-01-08 at 18:57. Reason: updated to include another "reason"
 

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