Community Council/Referendum - Revision history

imported>rzr: /* Part 1 - History & Council election rules: */

2015-08-04T20:49:19Z

Part 1 - History & Council election rules:

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imported>rzr: /* Part 1 - History & Council election rules: */

2015-08-04T20:49:19Z

Part 1 - History & Council election rules:

← Older revision		Revision as of 20:49, 4 August 2015
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	Association Rules § 4.1 (Council Elections)		=== Association Rules § 4.1 (Council Elections) ===

	(6) Nominees with a professional interest in Maemo, such as working for Nokia - or any other a company involved in Maemo-related software development - must declare their interest when advertising their nomination. Failure to do so may result in the Nokia Community Manager Board of Directors, or the outgoing Council, declaring their nomination invalid and so bar them from standing in the current election."		(6) Nominees with a professional interest in Maemo, such as working for Nokia - or any other a company involved in Maemo-related software development - must declare their interest when advertising their nomination. Failure to do so may result in the Nokia Community Manager Board of Directors, or the outgoing Council, declaring their nomination invalid and so bar them from standing in the current election."
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	Now in order to grant sovereignty over Council election rules to community, the following changes to MC eV Association Rules shall be introduced:		Now in order to grant sovereignty over Council election rules to community, the following changes to MC eV Association Rules shall be introduced:

	Association Rules § 1.1 (Amendments)		=== Association Rules § 1.1 (Amendments) ===

	(1) These association rules can be changed or dismissed by the General Assembly.		(1) These association rules can be changed or dismissed by the General Assembly.
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	(please see MC eV Orga-chart for who can actually change what)		(please see MC eV Orga-chart for who can actually change what)



	== Part 2 - Council role & MC eV Bylaws: ==		== Part 2 - Council role & MC eV Bylaws: ==

imported>rzr at 20:48, 4 August 2015

2015-08-04T20:48:35Z

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imported>rzr at 20:48, 4 August 2015

2015-08-04T20:48:35Z

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	MC eV Articles of Association have a drawback which lies within the fact that councils responsibility is not adequately described so far, Council may contradict GA resolutions or even try to “force” Board into anything. Therefore, the following changes to MC eV Articles of Association shall be introduced:		MC eV Articles of Association have a drawback which lies within the fact that councils responsibility is not adequately described so far, Council may contradict GA resolutions or even try to “force” Board into anything. Therefore, the following changes to MC eV Articles of Association shall be introduced:

	§ 7 (Board of directors)
			=== § 7 (Board of directors) ===

	(5) The Board of Directors executes carries out the resolutions of the General Assembly and of the Council insofar as this decision jurisdiction is delegated to Council according to the statutes.		(5) The Board of Directors executes carries out the resolutions of the General Assembly and of the Council insofar as this decision jurisdiction is delegated to Council according to the statutes.
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	(5) Der Vorstand führt die Beschlüsse der aktiven Mitgliederversammlung und der des Vorstandsrats aus, sofern ihm diese Entscheidungshoheit laut Satzung oder Vereinsordnung eingeräumt wird.		(5) Der Vorstand führt die Beschlüsse der aktiven Mitgliederversammlung und der des Vorstandsrats aus, sofern ihm diese Entscheidungshoheit laut Satzung oder Vereinsordnung eingeräumt wird.

	§ 8 (Council)
			=== § 8 (Council) ===

	(4) The council has the duty to execute elections of all kinds. The council's duties, rules to announce council meetings, their proceedings and executions of votes are regulated by the Association Rules.		(4) The council has the duty to execute elections of all kinds. The council's duties, rules to announce council meetings, their proceedings and executions of votes are regulated by the Association Rules.
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	This outsources the definition of Council responsibility from Articles of Association to Association Rules (which might be altered without the need to register those changes at court, avoiding hassle and fees). Accordingly, a new paragraph will be added to the Association Rules:		This outsources the definition of Council responsibility from Articles of Association to Association Rules (which might be altered without the need to register those changes at court, avoiding hassle and fees). Accordingly, a new paragraph will be added to the Association Rules:

	§ 3.2 Vorstandsrat (council)
			=== § 3.2 Vorstandsrat (council) ===

	(8) Tasks and competences of the Council are as follows:		(8) Tasks and competences of the Council are as follows:
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	Please note that according to Articles of Association, General Assembly can decide on literally anything, as of		Please note that according to Articles of Association, General Assembly can decide on literally anything, as of

	§ 9 (General Assembly)
			=== § 9 (General Assembly) ===

	The General Assembly as the superior decision-making body of the association is by default responsible for all tasks unless certain tasks are delegated to other bodies of the association in accordance with these articles of incorporation.		The General Assembly as the superior decision-making body of the association is by default responsible for all tasks unless certain tasks are delegated to other bodies of the association in accordance with these articles of incorporation.

imported>rzr at 06:48, 20 July 2015

2015-07-20T06:48:37Z

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imported>rzr at 06:48, 20 July 2015

2015-07-20T06:48:37Z

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	Part 2 - Council role & MC eV Bylaws:		== Part 2 - Council role & MC eV Bylaws: ==

	MC eV Articles of Association have a drawback which lies within the fact that councils responsibility is not adequately described so far, Council may contradict GA resolutions or even try to “force” Board into anything. Therefore, the following changes to MC eV Articles of Association shall be introduced:		MC eV Articles of Association have a drawback which lies within the fact that councils responsibility is not adequately described so far, Council may contradict GA resolutions or even try to “force” Board into anything. Therefore, the following changes to MC eV Articles of Association shall be introduced:
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	§ 9 (General Assembly)		§ 9 (General Assembly)

	The General Assembly as the superior decision-making body of the association is by default responsible for all tasks unless certain tasks are delegated to other bodies of the association in accordance with these articles of incorporation.		The General Assembly as the superior decision-making body of the association is by default responsible for all tasks unless certain tasks are delegated to other bodies of the association in accordance with these articles of incorporation.

imported>rzr at 06:47, 20 July 2015

2015-07-20T06:47:57Z

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imported>rzr at 06:47, 20 July 2015

2015-07-20T06:47:57Z

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	In other words...		In other words...

	~~…you~~ vote option YES:		* you vote option YES:

	Rules around Maemo Community Council are adopted in order to fully incorporate Council as a body of MC eV.		Rules around Maemo Community Council are adopted in order to fully incorporate Council as a body of MC eV.

	~~…you~~ vote NO on the referendum:		* you vote NO on the referendum:

	The original Council election rules will remain as is. Council then will be an interest grouping outside MC eV without a purpose, since there'll be nobody to (officially) adress anymore. Council then will be suspended from MC eV bylaws.		The original Council election rules will remain as is. Council then will be an interest grouping outside MC eV without a purpose, since there'll be nobody to (officially) adress anymore. Council then will be suspended from MC eV bylaws.
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	Part 1 - History & Council election rules:		== Part 1 - History & Council election rules: ==

	Back in Nokia times, the purpose of Council was to give the community a voice towards Nokia representatives (Community Manager, whatever…). Then Nokia abandoned Maemo, donated servers and sold the rights to maemo.org and Maemo(TM) to Hildon Foundation, a maemo community driven organisation. In the process of this we learned that an US based organisation has its drawbacks/challenges and it was decided to form an entity based in Europe which is a German Registered Association now known as Maemo Community e.V. - instead of having a board assigned to manage the organization, only the association is now accepting regular members which have the final say in any matter. The association's board does handle day to day tasks like minor community requests, funds, buy hardware for our infrastructure, basically pay the bills and do minor steering only. That said, the associations regular members having the final say in any matter, this also applies to rules and regulations and their changes, including but not limited to the Council Election Rules. During the MC eV founding meeting, the existing (unified Maemo Community/HiFo) Council was nominated for the Council of MC eV. The MC eV members voted unanimously "yes" for all existing councilors who accepted the vote. By doing so, Council effectively accepted MC eV Council election rules (and all other other regulations) which were publicized earlier. To have this sanctioned by all of you, we need this referendum.		Back in Nokia times, the purpose of Council was to give the community a voice towards Nokia representatives (Community Manager, whatever…). Then Nokia abandoned Maemo, donated servers and sold the rights to maemo.org and Maemo(TM) to Hildon Foundation, a maemo community driven organisation. In the process of this we learned that an US based organisation has its drawbacks/challenges and it was decided to form an entity based in Europe which is a German Registered Association now known as Maemo Community e.V. - instead of having a board assigned to manage the organization, only the association is now accepting regular members which have the final say in any matter. The association's board does handle day to day tasks like minor community requests, funds, buy hardware for our infrastructure, basically pay the bills and do minor steering only. That said, the associations regular members having the final say in any matter, this also applies to rules and regulations and their changes, including but not limited to the Council Election Rules. During the MC eV founding meeting, the existing (unified Maemo Community/HiFo) Council was nominated for the Council of MC eV. The MC eV members voted unanimously "yes" for all existing councilors who accepted the vote. By doing so, Council effectively accepted MC eV Council election rules (and all other other regulations) which were publicized earlier. To have this sanctioned by all of you, we need this referendum.

imported>rzr at 06:47, 20 July 2015

2015-07-20T06:47:29Z

← Older revision	Revision as of 06:47, 20 July 2015
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imported>rzr at 06:47, 20 July 2015

2015-07-20T06:47:29Z

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	Referendum 2015		Referendum 2015

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	in order to finalize our move from Hildon Foundation to the Maemo Community e.V. (MC eV), a referendum is called, which is supposed to fix deficiencies in the Council Election Rules as well as in the Articles of Association of MC eV. There will be two options:		in order to finalize our move from Hildon Foundation to the Maemo Community e.V. (MC eV), a referendum is called, which is supposed to fix deficiencies in the Council Election Rules as well as in the Articles of Association of MC eV. There will be two options:

	- Yes, I accept MC eV Association Rules as our Community Council's Rules and I endorse the amendment of MC eV Articles of Association as described below.		* Yes, I accept MC eV Association Rules as our Community Council's Rules and I endorse the amendment of MC eV Articles of Association as described below.

	- No, I do want Council rules to stay outside of MC eV and its ruleset and have them as originally described. I’m aware that Council then will have no say in any MC eV or maemo.org matters.		* No, I do want Council rules to stay outside of MC eV and its ruleset and have them as originally described. I’m aware that Council then will have no say in any MC eV or maemo.org matters.

	In other words...		In other words...