Yes, you can get a copy of the full agreement by just asking the NC for it. The need to discuss the future of the Project, which should include the organizational structure is very simple: The AB has very little authority, yet the members of the AB are those who stand responsible in case of a lawsuit. No money in the Project? That hasn't stopped people from suing others before. Burden of proof on the one(s) who files? Yes. If the case proceeds to court and the Project "wins" the other party will probably have to pay all attorney fees? Yes. BUT, what happens if a decision goes the other way? Who has to pay? The governing body....which we actually do not have, but which will be looked upon by the courts as the Advisory Board. So, is restructuring something that should be discussed? Yes. Should the Advisory Board be given more authority? If you want them to stand responsible for the actions of others.....as in copyright violations, libelous statements made, actions taken to deliberately harm the reputation of a Project member and the AB doing nothing because it cannot..........the answer is "yes". If you don't want to given them any more authority, then disband the Advisory Board; or provide them and the Project with insurance coverage; or be sure that each Advisory Board member knows that they can either trust to luck, or take out a personal liability policy at least during the time they serve. And, the quote from one agent on the type of insurance that we would need....$2,000 per year. On line, on a site that I checked in regard to "unincorporated non-profit association", was the statement that such insurance "averages" $3,000 per year. Furthermore, it is highly recommended that IF insurance is taken out, the best thing the organization can do is either incorporate to an LLC (which I don't know what is), or register in some State that has adopted laws giving "unincorporated non-profit associations" basically the same protection that is given a corporation. And, the fact of the AB's vulnerability is not tied to any hosting agreement. It has been vulnerable ever since the AB was established, during the short period of time the AB had from the time the agreement was actually shown to us and the time it was signed, and is still existing even as you read this. Phyllis Rippee SW/SC CC Representative

Thank you Phyllis. That makes sense. David On Thu, 15 May 2003, Phyllis Rippee wrote: > Yes, you can get a copy of the full agreement by just asking the NC for it. > > The need to discuss the future of the Project, which should include the > organizational structure is very simple: > > The AB has very little authority, yet the members of the AB are those who > stand responsible in case of a lawsuit. No money in the Project? That > hasn't stopped people from suing others before. Burden of proof on the > one(s) who files? Yes. If the case proceeds to court and the Project "wins" > the other party will probably have to pay all attorney fees? Yes. > > BUT, what happens if a decision goes the other way? Who has to pay? The > governing body....which we actually do not have, but which will be looked > upon by the courts as the Advisory Board. > > So, is restructuring something that should be discussed? Yes. Should the > Advisory Board be given more authority? If you want them to stand > responsible for the actions of others.....as in copyright violations, > libelous statements made, actions taken to deliberately harm the reputation > of a Project member and the AB doing nothing because it cannot..........the > answer is "yes". If you don't want to given them any more authority, then > disband the Advisory Board; or provide them and the Project with insurance > coverage; or be sure that each Advisory Board member knows that they can > either trust to luck, or take out a personal liability policy at least > during the time they serve. > > And, the quote from one agent on the type of insurance that we would > need....$2,000 per year. On line, on a site that I checked in regard to > "unincorporated non-profit association", was the statement that such > insurance "averages" $3,000 per year. > > Furthermore, it is highly recommended that IF insurance is taken out, the > best thing the organization can do is either incorporate to an LLC (which I > don't know what is), or register in some State that has adopted laws giving > "unincorporated non-profit associations" basically the same protection that > is given a corporation. > > And, the fact of the AB's vulnerability is not tied to any hosting > agreement. It has been vulnerable ever since the AB was established, during > the short period of time the AB had from the time the agreement was actually > shown to us and the time it was signed, and is still existing even as you > read this. > > Phyllis Rippee > SW/SC CC Representative > > David W. Morgan damorgan@nyx.net Honolulu Hawaii SC - TXGenWeb http://www.rootsweb.com/~txgenweb/ FM - http://www.rootsweb.com/~usgenweb/tx/txfiles.htm ** http://freepages.genealogy.rootsweb.com/~dmorgan/