Re: Constitutional Amendment GR: Handling assets for the project
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[-project dropped]
I second the proposal below.
Manoj Srivastava <srivasta@debian.org> writes:
> Hi,
>
> Yet another draft. There are major changes in this version, so
> I think we'll need to have people who seconded re-second the version
> that comes out of this discussion.
>
> Changes:
> + Clarify developer powers to indicate that they can make as well as
> override delegate decisions (of course, no one can be forced to do
> any work, but the decisions can be made by GR). So actions can't be
> prevented by a delegate deciding not to decide ...
> + If the developers pass a GR about assets, the DPL need not be consulted
> + Clarify that decisions about assets need not be discussed on a
> mailing list, they just need to be communicated to the
> developers. However, major expenditures should be proposed and
> discussed n an electronic mailing list before funds are disbursed.
> + Made editing the list of trusted organizations a DPL power, added a
> 2 week discussion period before an organization is added to that
> list.
> + In case the DPL and ex-secretary can't agree on an candidate for new
> secretary, the decision is made by the developers in a GR, and not by
> the SPI board.
> + Removed mention of SPI obligations and undertakings from the
> constitution.
>
> manoj
>
> Hi,
>
>
> manoj
>
> ------------------------------------------------------------------------
> 4. The Developers by way of General Resolution or election
> 4.1. Powers
> Together, the Developers may:
>
> - 3. Override any decision by the Project Leader or a Delegate.
> - 4. Override any decision by the Technical Committee, provided they
> - agree with a 2:1 majority.
>
> - 6. Together with the Project Leader and SPI, make decisions about
> - property held in trust for purposes related to Debian. (See §9.1.)
>
> ========================================================================
> 4. The Developers by way of General Resolution or election
> 4.1. Powers
> Together, the Developers may:
> + 3. Make or override any decision authorised by the powers of the Project
> + Leader or a Delegate.
> + 4. Make or override any decision authorised by the powers of the Technical
> + Committee, provided they agree with a 2:1 majority.
>
> + 6. Make decisions about property held in trust for purposes
> + related to Debian. (See §9.).
> + 7. In case of a disagreement between the project leader and in
> + the incumbent secretary, appoint a new secretary.
> -------------------------------------------------------------------------
>
> ------------------------------------------------------------------------
> 5. Project Leader
> 5.1. Powers
> The Project Leader may:
> - 10. Together with SPI, make decisions affecting property held in trust
> - for purposes related to Debian. (See §9.)
>
> ===========================================================================
> 5. Project Leader
> 5.1. Powers
> The Project Leader may:
> + 10. In consultation with the developers, make decisions affecting
> + property held in trust for purposes related to Debian. (See
> + §9.). Such decisions are announced on an electronic mailing
> + list designated by the Project Leader or their Delegate(s),
> + which is accessible to all developers. Major expenditures
> + should be proposed and debated on the mailing list before
> + funds are disbursed.
> + 11. Add or remove organizations from the list of trusted
> + organizations (see §9.3) that are authorized to accept and
> + hold assets for Debian. The evaluation and discussion leading
> + up to such a decision occurs on an electronic mailing list
> + designated by the Project Leader or their Delegate(s), on
> + which any developer may post. There is a minimum discussion
> + period of twoo weeks before an organization may be added to
> + the list of trusted organizations.
> ---------------------------------------------------------------------------
> ---------------------------------------------------------------------------
> 7. The Project Secretary
> 7.2. Appointment
> If the Project Leader and the current Project Secretary cannot agree
> - on a new appointment they must ask the board of SPI (see §9.1.) to
> - appoint a Secretary.
> ===========================================================================
> 7. The Project Secretary
> 7.2. Appointment
> If the Project Leader and the current Project Secretary cannot agree
> + on a new appointment, they must ask the Developers by way of
> + General Resolution to appoint a Secretary.
> ---------------------------------------------------------------------------
>
> ------------------------------------------------------------------------
> -9. Software in the Public Interest
>
> SPI and Debian are separate organisations who share some goals. Debian
> - is grateful for the legal support framework offered by SPI. Debian's
> - Developers are currently members of SPI by virtue of their status as
> - Developers.
>
> - 9.1. Authority
> -
> - 1. SPI has no authority regarding Debian's technical or nontechnical
> - decisions, except that no decision by Debian with respect to any
> - property held by SPI shall require SPI to act outside its legal
> - authority, and that Debian's constitution may occasionally use SPI
> - as a decision body of last resort.
> - 2. Debian claims no authority over SPI other than that over the use
> - of certain of SPI's property, as described below, though Debian
> - Developers may be granted authority within SPI by SPI's rules.
> - 3. Debian Developers are not agents or employees of SPI, or of each
> - other or of persons in authority in the Debian Project. A person
> - acting as a Developer does so as an individual, on their own
> - behalf.
>
> - 9.2. Management of property for purposes related to Debian
>
> - Since Debian has no authority to hold money or property, any donations
> - for the Debian Project must be made to SPI, which manages such
> - affairs.
>
> - SPI have made the following undertakings:
> - 1. SPI will hold money, trademarks and other tangible and intangible
> - property and manage other affairs for purposes related to Debian.
> - 2. Such property will be accounted for separately and held in trust
> - for those purposes, decided on by Debian and SPI according to this
> - section.
> - 3. SPI will not dispose of or use property held in trust for Debian
> - without approval from Debian, which may be granted by the Project
> - Leader or by General Resolution of the Developers.
> - 4. SPI will consider using or disposing of property held in trust for
> - Debian when asked to do so by the Project Leader.
> - 5. SPI will use or dispose of property held in trust for Debian when
> - asked to do so by a General Resolution of the Developers, provided
> - that this is compatible with SPI's legal authority.
> - 6. SPI will notify the Developers by electronic mail to a Debian
> - Project mailing list when it uses or disposes of property held in
> - trust for Debian.
>
> ========================================================================
> +9. Assets held in trust for Debian
>
> + In most jurisdictions around the world, the Debian project is not
> + in a position to directly hold funds or other property. Therefore,
> + property has to be ownedby any of a number of organisations as
> + detailed in §9.2
> +
> + Traditionally, SPI was the sole organisation authorized to hold
> + property and monies for the Debian Project. SPI was created in
> + the U.S. to hold money in trust there.
> +
> SPI and Debian are separate organisations who share some
> goals. Debian is grateful for the legal support framework offered
> + by SPI.
>
> + 9.1 Relationship with Associated Organizations
> +
> + 1. Debian Developers do not become agents or employees of
> + organisations holding assets in trust for Debian, or of
> + each other, or of persons in authority in the Debian Project,
> + solely by the virtue of being Debian Developers. A person
> + acting as a Developer does so as an individual, on their own
> + behalf. Such organisations may, of their own accord,
> + establish relationships with individuals who are also Debian
> + developers.
>
> + 9.2. Authority
>
> + 1. An organisation holding assets for Debian has no authority
> + regarding Debian's technical or nontechnical decisions, except
> + that no decision by Debian with respect to any property held
> + by the organisation shall require it to act outside its legal
> + authority.
> + 2. Debian claims no authority over an organisation that holds
> + assets for Debian other than that over the use of property
> + held in trust for Debian.
>
> + 9.3. Trusted organisations
>
> + Any donations for the Debian Project must be made to any one of a
> + set of organisations designated by the Project leader (or a
> + delegate) to be authorized to handle assets to be used for the
> + Debian Project.
> +
> + Organisations holding assets in trust for Debian should
> + undertake reasonable obligations for the handling of such
> + assets.
> +
> + Debian maintains a public List of Trusted Organisations that
> + accept donations and hold assets in trust for Debian
> + (including both tangible property and intellectual property)
> + that includes the commitments those organisations have made as
> + to how those assets will be handled.
>
>
> ------------------------------------------------------------------------
>
> manoj
>
> --
> The only way to learn a new programming language is by writing
> programs in it. Brian Kernighan
> Manoj Srivastava <srivasta@debian.org> <http://www.debian.org/%7Esrivasta/>
> 1024D/BF24424C print 4966 F272 D093 B493 410B 924B 21BA DABB BF24 424C
- --
* Sufficiently advanced magic is indistinguishable from technology (T.P) *
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