Re: [gentoo-project] RFC: Expanding Foundation Bylaws, section 4.9 Termination from Membership

[Rich Freeman <rich0@gentoo.org>]

On Thu, Feb 8, 2018 at 4:34 PM, Daniel Robbins <drobbins@funtoo.org> wrote:
> I think the "rules" as it stands give the trustees the ability to remove any
> member that they feel is disruptive or not good for the project. They don't
> need to provide a reason or justification. It is at their discretion. So
> disruptive people can be removed. If I am misunderstanding this, let me
> know.

Indeed, I'd even go further and simplify the bylaw to say:

Section 4.9. Termination from Membership.

Membership may be terminated by a majority vote of the board of trustees.

And just leave it at that.

If you're concerned about somebody threatening to sue, then it is
probably better to NOT give them a reason for dismissal, unless
specifically required to do so by law.

If the law doesn't require a reason, and you don't give a reason, then
they don't really have much ground for argument.  If you do give a
reason, you've now given them something to argue with when there was
no need to do so.

IMO a better defense against Gentoo volunteers being sued is to join
an umbrella that is actually equipped to handle these situations, and
which will probably be less likely to give people grounds to sue,
especially since they would no longer have standing as members to do
so.

And keep in mind that kicking somebody out doesn't really diminish
their standing to sue, since they can potentially sue based on actions
taken while they were a member, and the loss of membership becomes one
more cause for action.

-- 
Rich