Will Ross wrote:
> Some last minute suggestions.
>
> ARTICLE 1 - NAME
>
> The Organisation shall be known as Open Source Health Care Alliance,
> hereafter referred to as "OSCHA", and shall be registered in Malaysia.

That is better wording but not really a substantial change - not an
essential modification from my perspective - but I doubt there would be
objection to it.

> ARTICLE 3 - CHAPTERS
>
> Why is South America omitted?   This collection of regions seems
> complex.   The boundaries between regions is not obvious from the
> text.  Why not use the same 6 global regions as FIFA?

Latin America and the Carribean is on the current list. "Latin America"
includes all of South America, doesn't it, together with Central America
and Mexico? I suspect that Mexico has more in common with respect to
opens source software in health with its neighbours to the south than it
does with El Norte.

> ARTICLE 5 - MEMBERSHIP
>
> 5.2  -  The Committee when rejecting an application SHALL provide a
> reason.

Strictly speaking, "shall" should be used only for the first person
singular or plural. The use of "should" (as the text currently reads) to
convey obligation is acceptable and common usage - see
http://www.bbc.co.uk/worldservice/learningenglish/grammar/learnit/learnitv43.shtml
- although I note that "shall" has a specific meaning of obligation in
American formal usage, which it doesn't have in the formal English usage
in most Commonwealth countries, although I note that teh use of "shall"
throughout the proposed constitution doesn't adhere to strict formal
English usage.

However, I think we are splitting hairs (but not infinitives) here.
Shall we leave it as is?

> ARTICLE 8 -  COMMITTEE
>
> 9.8  -  In the event of the death or resignation of a member of the
> Committee, the Committee shall have the power to APPOINT any other
> member of OSHCA to fill the vacancy until the next annual general
> meeting, but the member shall have the right to decline to be
> appointed to the Committee without resigning from OSHCA.

I think that "co-opt" (in the current text) is being used to mean
"summary appointment". However there is no suggestion of coercion in any
of the senses of co-option (or co-optation), are there? See
http://www.answers.com/main/ntquery?s=co-opt&gwp=13 Thus I feel that
"co-opt" is quite acceptable.

> ARTICLE 11 - FINANCIAL PROVISIONS
>
> 11.2  -  change "any officer or servant of OSHCA" to "any officer of
> OSHCA or other volunteer"

Yes, "servant" is slightly archaic, but hey, I am still employed as a
public servant (touch forelock, genuflect). Perhaps we might leave it as
is, m'lud?

> ARTICLE 14 - INTERPRETATION
>
> 14.2  --  (improved wording)  Except when contrary to or inconsistent
> with a policy previously established by a general meeting,  decisions
> of the Committee shall be binding on all members of OSHCA unless or
> until countermanded by a resolution at a general meeting.

Yes, that's better. There is a typo in the version 7 draft to me by
Molly on 20/4 - "there" should be "they". When fixing that, might as
well change to Will's suggested text above.

> ARTICLE 16 - PROHIBITIONS
>
> 16.4  -  I don't understand this.   Are Malaysian students who are
> over 21 prohibited from joining OSHCA unless they have prior written
> approval from the University?

Presumably all the rules in this section are required to meet some
slightly idiosyncratic Malayasian legal requirements - every country has
its own peculiarities (for example, the gambling game of "two-up" is
illegal in Australia except on 25th April - true! - see
http://en.wikipedia.org/wiki/Two-up

However, paragraph 16.1 does prohibit the playing of all video games on
OSHCA premises. Molly, that means you can't play mahjong on your laptop.

> ARTICLE 17 - AMENDMENTS
>
> I would like to see a requirement that the exact wording of any
> constitutional amendment must circulated ahead of a meeting.   I fear
> the opportunity for the general meeting to compose and pass a
> constitutional amendment without prior circulation to the larger
> membership.

Paragraphs 8.4 and 8.7 both require that agenda for annual and
extraordinary general meetings be circulated 14 days prior to each
meeting. Thus it would not be possible to effect a change to the
constitution without two weeks notice of it being placed on the agenda.
I don't think that it necessary to specify that the exact wording be
circulated beforehand - that would be usual in any case, and would be
demanded by members if it were not. The main thing is that completely ad
hoc, spur-of-the-moment changes to the constitution will not be
possible. Clearly, the Chair of the general meetings should not permit
something as fundamental as a constitutional change to be conducted as
unannounced "Any other business".

Tim C

> On Apr 21, 2006, at 10:07 AM, Molly Cheah wrote:
>
>  > Hi everyone,
>  >
>  > I would like to announce the following:
>  > 1) 25th April 2006 will be the OSHCA Inaugural Meeting Day. The
>  > form for
>  > participating in the inaugural meeting will be uploaded to the files
>  > section of this list by 24th April. I will provide the procedures for
>  > participating in this inaugural meeting by tomorrow as we need to
>  > finalise the representation for Latin America & Caribbean which is
>  > still
>  > outstanding.
>  > 2. The proposed OSHCA constitution (latest copy includes the OSHCA
>  > logo
>  > under Article 19), the OSHCA regions list and the OSHCA  country
>  > list by
>  > HDI (Human Development Index) are now available for you to
>  > download. The
>  > regions list essentially provides information of the region your
>  > country
>  > belongs to. Article 6 of the constitution provides for membership fees
>  > which is based on the principles of equity and affordability and
>  > the HDI
>  > list gives information on which category your country belongs to in
>  > the
>  > HDI list.
>  >
>  > Please note that the protem committee had gone through 7 drafts of the
>  > constitution which was also made available on this list for 7 days for
>  > comments. However, the constitution itself is a living document.
>  >
>  > For the purpose of registering OSHCA all those who wish to be OSHCA
>  > members need to agree to the constitution, agree to the resolutions
>  > (this will be uploaded by the 24th April) and provide minimal personal
>  > information all of which will be made available in the said form.
>  >
>  > As preparatory to the process, I suggest that you look through the
>  > constitution to familiarize with the Articles to understand your
>  > commitment if you chose to be a member of OSHCA.
>  >
>  > Rgds,
>  > Molly
>  >
>  >
>  >
>  > Yahoo! Groups Links
>  >
>  >
>  >
>  >
>  >
>  >
>  >
>
>
> [wr]
>
> - - - - - - - -
>
> will ross
> project manager
> mendocino informatics
> 216 west perkins street, suite 206
> ukiah, california  95482  usa
> 707.462.6369 [office]
> 707.462.5015 [fax]
> www.minformatics.com
>
> - - - - - - - -
>
> "Getting people to adopt common standards is impeded by patents."
>          Sir Tim Berners-Lee,  BCS, 2006
>
> - - - - - - - -
>
>
>
>
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