SBAY.ORG - The South Bay Community Network

Approval of the By-Laws of the Non-profit Corporation

sbay.org Home
If you haven't see these before, start with the introduction and summary of why we're incorporating sbay.org as a California non-profit corporation and a summary of what's in the by-laws. (And it also explains why SVLUG is jumping on board.)

The By-Laws are available in the following formats:

By-Laws Approved

Voting ended 11:59PM on Tuesday, November 19, 2002. The by-laws were approved. More details follow.

The California Corporations Code Part 5121(a) says, "In the case of an existing unincorporated association, the association may change its status to that of a corporation upon a proper authorization for such by the association in accordance with its rules and procedures." So we had to use our existing rules to amend the new By-Laws into our new governing rules for our organization.

According to the sbay.org policies (last amended February 2000), the amendment procedure was followed in order to replace them. It specifies that a proposed amendment must be circulated for review. If it is not considered controversial (no significant objections), then it passes without a vote. Reviews held most of this year have indicated that this is not controversial. (Rather, the reaction seems to be that many are bored with the reviews and would prefer to "get on with it.") Since this is such a significant change, we held a vote anyway as if there had been controversy, just to avoid the possibility of it after the fact.

Ballots were sent out to the SBAY Announce mail list on Saturday, November 16, 2002. Voting closed at 11:59PM local time on Tuesday, November 19. The question up for a "yes" or "no" vote is

Shall sbay.org adopt these By-Laws dated November 16, 2002 and proceed to change itself to a non-profit corporation in the State of California called the South Bay Community Network?

Since we had not used the voting procedures in so long, there was no current voting registration list. Any votes or inquiries about voting were considered good enough, as long as the people had been to an sbay.org event or social, and showed interest in the organization. All who asked met that criteria so no one was turned away.

The sbay.org amendment procedure requires full disclosure of voting results. (Note: this is a requirement under the current rules. The proposed By-Laws require votes be kept confidential - but it isn't in effect at the time of this vote.) The following votes were received.
Ian Kluft yes
Heather Stern yes
Rob Markovic yes
Alvin Oga yes
Ted Matsumura yes
Steve Harding yes
Steven R. Loomis yes
James Morgan yes
Steve Longerbeam yes
Ben Spade yes

A 2/3 majority of registered voters is required to pass. The vote passed unanimously. The By-Laws are adopted and the leadership of sbay.org have the approval of the members to proceed with filing for incorporation.

Selecting a Board of Directors

Following the approval of the By-Laws, we must now select the members of the initial officers and Board of Directors. We need to fill names for all the following positions. Please volunteer for any seat you are willing to serve in, especially any still listed as open. Or help us find people for the open seats. We'd like to have at least one name per position ASAP.

Everyone is rather busy this time of year and the voting on the by-laws seemed to be a bit of a hassle for some. We also don't really have enough time to select a Treasurer to handle payment of dues which is needed to establish who can vote. So we'll fill the calendar-year 2003 board of directors from volunteers.

President
Ian Kluft
sbay.org founder
Vice President
Don Marti
President, Silicon Valley Linux User Group (SVLUG)
Editor in Chief, Linux Journal
Secretary
Mike Simons
Vice Chair, Linux User Group of Davis (LUGoD)
co-coordinator, "Picn*x11" and "Picn*x12" Linux anniversary picnics (2002-2003)
Treasurer
Reg Charney
President, Association of C & C++ Users (ACCU), Silicon Valley Chapter
Directors (4 seats, listed alphabetically)
John Higdon
founding member of sbay.org, provider of DNS & bandwidth to sbay.org

James Morgan
labfest coordinator, SBAY Wireless Project

Heather Stern
SVLUG webmaster
Secretary, Bay Area Large Installation System Administrators (BayLISA)

Allen Wayne Best
co-coordinator, "Picn*x11" and "Picn*x12" Linux anniversary picnics (2002-2003)

Immediate Past President
(vacant - for 2003, this voting seat on the board will be filled by presidential appointment)
webmaster@sbay.org