[WP1] Thanks, next work steps (pls read)

[Greg Shatan]

I don't think the second risk exists, which may be why it's
under-appreciated.  If the IRP is binding, the Board has no discretion to
disregard it, even if the community attempts to instruct it to do so (and
even if the community can wield "legal persons" in this attempt).

Greg

On Tue, Jun 16, 2015 at 10:32 AM, Malcolm Hutty <malcolm at linx.net> wrote:

>
>
> On 16/06/2015 12:12, Jonathan Zuck wrote:
> > so. I’m sure I left out everyone’s favorite detail but my goal was to
> > reduce this to the philosophical question it should be and lay to rest
> > of the factual questions that are all but resolved.
>
> Thank you Jonathan for this sterling effort.
>
> It does, however, miss out two quite separate arguments.
>
> Firstly, it misses out Becky's argument about the change to fiduciary
> duty. So it's not necessarily a question of whether you fear more a
> litigious community or a malfeasing Board, as you put it: for adherents
> to Becky's argument, whether or not you have members changes where the
> Board's duty lies.
>
> Secondly, there is another distinctly under-appreciated risk: the
> concern that the Board might disregard an IRP decision not in defiance
> of the community, but at the community's behest. For adherents to this
> view, enforceability needs to be ensured not for the benefit of the
> community alone, but also for the benefit of the successful IRP
> complainant, which might not be the same thing at all.
>
> I think both these arguments are important. While I appreciate your
> attempt to simplify, I'm afraid that because of these the issue simply
> doesn't boil down to "whether enforceability is likely to foster a more
> cooperative board or an uncooperative community and which outcome should
> be the priority" for everybody.
>
> Malcolm.
>
> --
>             Malcolm Hutty | tel: +44 20 7645 3523
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