Hi again :)
Am 05.09.20 um 18:32 schrieb Muhammet Kara:
> By the way, let me try to explain the problem/unfairness described above a
> bit by example, for the ones who are not familiar with the issue:
>
> A and B are working in the company X
> C and D are working in the company Y
>
> They all run in the MC elections
>
> A got the 1st position (becomes member)
> B got the 2nd position (becomes member)
> C got the 3rd position (becomes member)
> D got the 6th position (becomes deputy member)
>
> Because of the affiliation restriction, both A and B having the same
> affiliation, one of them (let's say B) steps down from MC position, and is
> kicked out of the MC completely. But C and D, although they have the same
> affiliation, stay at their positions. So B is, in a way, punished for getting
> too many votes. See the unfairness?
So now I understand the problem. Seems to me rather a handling glitch ;-)
Is it right that a deputy member is - in all practical matters - seen as a
member of the body but without a vote (attends meetings in an active role,
shares all information etc.)? Then the CoI-Rule surely should apply for deputy
members as well. This is imho the necessary solution because this affiliated
deputy member ("D") could only step in if a member with the same affiliation
("C") steps back; otherwise the CoI-Rule would prevent him/her to observe
his/her duty.
Legal advice needed: Is a "deputy member" also a case of "member"? If "yes"
then the case is ruled by the statute's CoI-Rule anyway. If in doubt or if not,
then:
There is § 12 (5) which reads "The details of the induction and expulsion from
the Membership Committee shall be regulated by a community by-law from the
Board of Directors."
So these by-laws maybe could have ruled (or specified the handling of) such a
case; so the BoD is free to change or add such rules.
So maybe no need to tweak the statutes - at least for the MC. But imho we need
a solution for this for the BoD also. So a "yes" would be appreciated :-)
--
Mit freundlichen Grüßen
Uwe Altmann
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