Re: English translation (unofficial/non-legal) of the by-laws
Thanks Daniel for the initial translation. I commited your version to
the debian-ch git repository [1]. I also did some improvements. I also
have some questions, see below:
[1] http://anonscm.debian.org/gitweb/?p=debian-ch/docs.git;a=summary
Daniel Pocock <daniel@pocock.com.au> writes:
> Some parts of the German document are ambiguous - I have tried not to
> remove any ambiguity. It is just a translation.
As we already discussed in person at least some of these "ambguities" come
from defined Swiss legal terms and are therefore quite clear.
> Statutes of the Association debian.ch
Is the correct english term statutes or bylaws? We were always talking
about bylaws in english discussions so far.
> § 3 AVERAGE
What does average mean in this context. This term is completly unknown
to me. I'd call this funds or assets.
> § 5 MEMBERSHIP
>
> 1. Members of the Debian project with permanent residence or citizenship
> in Switzerland or the Principality of Liechtenstein are eligible for
> membership of debian.ch on request. (translation note: not clear if the
> `request' means that the board must accept the request)
The german text is quite clear that there is no board vote required
because "aufgenommen werden" does not mean being eglible or requesting
but being accepted. So this should read "... are accepted for
memebership of debian.ch on request." This sounds a bit clumsy, feel
free to propose a better version.
>
> 2. Any member may propose another person for admission as a member. The
> General Assembly will decide on their inclusion. The proposed member
> must be present at the meeting unless it is impractical for them to attend.
>
> 3. A member can leave the assocation debian.ch at his own request at any
> time.
>
> 4. The Assembly may choose to exclude a member without cause. A majority
> of 2/3 of members present must vote in favour of such a motion for it to
> be carried.
>
>
> § 6 INSTITUTIONS - GENERAL MEETING
>
>
> 1. The Executive Committee (Board) must call an Annual General Meeting
> at least once per year. All members must be given at least two weeks
> notice by email.
>
> 2. The invitation period may be less if all members agree.
>
> 3. If a General Meeting resolves to amend the by-laws of the assocation,
> the revised by-laws do not take effect until the close of the meeting.
>
>
> § 7 BODIES -- THE BOARD
>
> 1. The board consists of president, secretary and Treasurer. It is
> permitted for one person to hold more than one office, but essential
> that the Office of the President and Treasurer be occupied by two
> different people.
>
> 2. The Board may undertake business on behalf of the association as
> permitted by law.
>
> 3. Non-executive officers may be elected to the board. (translation
> note: Beisitzer could be `non-executive officer' (with voting rights) or
> maybe it means `observer' (without voting rights) -- clarification
> needed)
Beisitzer is a clearly defined term in swiss associations under art. 60
and means non-executive officers. But I think non-executive officers
needs some explanation for non english law accustomed people. So I'd
just write "Additional members without specific office may be elected to
the board."
> 4. The AGM elects the members of the board for a term of one year.
> 5. The Board members vote amongst themselves to select the office
> holders.
This is not really the exact translation of "Der Vorstand konstituiert sich
selbst." as the german version does not imply a vote. Most often this is
just agreed upon without any formal vote.
>
>
> § 8 AGENCIES -- DEBIAN PROJECT LEADER (DPL)
>
>
> The Debian Project Leader may direct the way in which the assets held
> by
the german version says "all the assets", corrected in git
> the association are used. (translation note: does not distinguish
> project assets from assocation's operating account/assets)
Why should it or what's the difference?
Best,
Gaudenz
--
Ever tried. Ever failed. No matter.
Try again. Fail again. Fail better.
~ Samuel Beckett ~
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