2016 05 13

OCF Board of Directors 2016-05-13 Virtual meeting held to have commenced at 12:00pm.

ckuehl introduces the following bill: EIGHTH AMENDMENT OF THE CONSTITUTION ACT An Act to amend the Constitution of the Open Computing Facility, in order to bring it into compliance with regulations set by the LEAD Center.

    WHEREAS, the reregistration of the Open Computing Facility as a
      Registered Student Organization was again denied on the
      grounds that certain language required of the constitutions of
      of all Registered Student Organizations was not present in the
      Constitution of the Open Computing Facility; and
    WHEREAS, it is necessary and important for the Open Computing
      Facility to maintain its status as an active Registered
      Student Organization; and
    WHEREAS, it is expedient to enact the amendments as follows,
      NOW, THEREFORE, BE IT ENACTED by the Directors of the Open
    Computing Facility in Board assembled, by the authority of
    section 8.1.1.2 of the Constitution of the Open Computing
    Facility, and under the provisions of the same:
      1. Section 8.1.3 of the Constitution is retitled
         "LEAD Center Records".
      2. Section 8.1.3 of the Constitution is amended to read as
         follows:
           All amendments, additions or deletions to this document
           must be filed with the LEAD Center in 432 Eshleman Hall.
      3. Section 9 of the Constitution of the Open Computing
         Facility is amended to read as follows:
           The assets of the OCF constitute a continuing trust for
           the benefit of all members of the Berkeley campus
           community interested in open computing facilities.
             If the organization is ASUC or GA Sponsored, all
           unspent ASUC funds shall return to the ASUC; all
           Graduate Assembly funds shall return to the Graduate
           Assembly. If the organization is defunct for five (5)
           or more years, any privately obtained funds (including
           any funds left in miscellaneous accounts) shall be
           donated to the following nonprofit organization: The
           Electronic Frontier Foundation.
             In the event that the designated nonprofit
           organization no longer exists or has ceased to be a
           nonprofit, then the unspent funds shall be donated to
           the ASUC.

The membership of the Board of Directors is held as follows: - abizer - andycui - baisang - ckuehl - justinc - jvperrin - kevinma - kpengboy - kuoh - ldw - lilulu - mattmcal - mdcha - mprat - nickimp - nspatel - shasan - shaurya - shichenh - slobo - tianrui - tmochida - tnn - trliu - willh - wml - zdong

The vote is held under the provisions of Bylaw 5. In order for the bill to be passed, per Bylaw 5, at least half of all Board members must vote in the affirmative, and per section 8.1.1.2 of the Constitution, the affirmative votes must constitute at least 2/3 of all votes cast. The voting period extends from 5/13/16 12:00pm to 5/16/16 12:00pm.

The yeas and nays are as follows. A number in the Yes column indicates a vote in the affirmative; a number in the No column indicates a vote in the negative. The numbers in the Yes column indicate the order in which the affirmative votes were cast; the independent numbers in the No column indicate the order in which the negative votes were cast.

Yes                    No
20    abizer                                           recv'd 5/13  1:16pm
      andycui
18    baisang                                          recv'd 5/13 12:00pm
 1    ckuehl                                           recv'd 5/13 12:00pm
11    justinc                                          recv'd 5/13 12:00pm
15    jvperrin                                         recv'd 5/13 12:00pm
16    kevinma                                          recv'd 5/13 12:00pm
19    kpengboy                                         recv'd 5/13  1:04pm
      kuoh
 9    ldw                                              recv'd 5/13 12:00pm
 3    lilulu                                           recv'd 5/13 12:00pm
 6    mattmcal                                         recv'd 5/13 12:00pm
      mdcha
      mprat
 8    nickimp                                          recv'd 5/13 12:00pm
13    nspatel                                          recv'd 5/13 12:00pm
 2    shasan                                           recv'd 5/13 12:00pm
17    shaurya                                          recv'd 5/13 12:00pm
      shichenh
14    slobo                                            recv'd 5/13 12:00pm
12    tianrui                                          recv'd 5/13 12:00pm
 5    tmochida                                         recv'd 5/13 12:00pm
      tnn
      trliu
 7    willh                                            recv'd 5/13 12:00pm
10    wml                                              recv'd 5/13 12:00pm
 4    zdong                                            recv'd 5/13 12:00pm

andycui voted yea on 5/16 at 1:03pm; his vote is invalid because it arrived after the completion of the voting period. kuoh voted yea on 5/22 at 6:03pm; his vote is invalid because it arrived after the completion of the voting period.

The yeas and nays having been tallied, the results of the vote are as follows: Number of directors: 27 Number of yeas required under Bylaw 5: 14 Number of valid votes: 20 Number of yeas required under Section 8.1.1.2: 14 Number of yeas: 20

Having fulfilled the requirements for passage, the bill stands enacted.