[atlarge-discuss] Re: Bylaws Discussion

[DannyYounger@cs.com]

Richard,

The bylaws that I have proposed are deliberately generic.  They constitute a 
time-proven workable structure that has already well-served the needs of many 
organizations worldwide.  This basic structure is to be found in the bylaws of 
organizations ranging from Library Associations to University Regents to 
groups such as the ACM.

In my view, there is a greater value in pursuing a pragmatic approach that 
relies on proven structures rather than adopting the novelty-of-the-hour which 
offers a substantially higher risk of failure.  

The approach that you and some others advocate places the public's elected 
representatives at the mercy and whim of a fickle minority group that seeks to 
dictate via a polling mechanism.  You confuse the illegitimacy of a poll (in 
which only a few active members will participate) with the legitimacy of a 
plenary vote (in which all members necessarily receive a ballot).  

It is quite clear that no major organization can thrive if the resolution of 
every issue must await the outcome of a membership-wide vote -- this is why 
most have opted for the efficiencies provided by a "representative" system of 
government.  If a membership, over the course of time, disagrees with the 
decision-making of their elected representatives, they then have the opportunity to 
vote the bums out... thereby providing a sufficient set of checks and balances.

We all know that probably 85%+ of the membership (just like the general 
voting populace worldwide) doesn't participate in governance matters on a daily 
basis -- most will not follow daily legislative events, nor participate on policy 
discussion lists, nor will communicate daily with their elected 
representatives... but they will participate in a regularly scheduled election process 
wherein the will of the populace makes itself known.

The moment that you subject an elected Board of representatives to the 
"direction, instructions, amendments and veto of
the Membership which shall be expressed through the organisation's Polling 
mechanism", you defeat the value of elected representatives.  You are creating a 
situation wherein the representatives that you have elected are necessarily 
subject to the foibles and dictates of full-time lobbyists (that live on these 
lists) that will use a polling mechanism to attempt to secure whatever might 
be on their own personal agendas.  This is a tyranny of the minority that 
should not be tolerated by any that value the worth of democratic representational 
institutions.  

My advice:  Elect your representatives, set up a basic suitable structure 
within which they will operate, and trust them to do their jobs.  They will 
hearken to your polls, but remember that you elected them to exercise their own 
independent best judgement (so they are not to be constrained by such polls).  
Inevitably, you can always vote them out of office if you have issues with their 
performance.


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