[CCWG-Accountability] On legal advise concerning California non-profits

[Eric Brunner-Williams]

Colleagues,

During the last hour of today's call there was discussion of the subject 
of experts, and the lack of an expert in international law identified as 
a deficit. In the chat a concern was expressed, not for the first time, 
that an expert in California non-profit law was also needed.

I share the view that expert advice on issues relating to converting the 
Corporation from "no members" to "members", and similar questions, is a 
pressing need, if this, or any similar question, is to be undertaken by 
this, or a similar Working Group, e.g., the CWG. That I don't think the 
membership form feasible is another matter, and my experience in the 
original Membership Implementation Task Force is just that -- we didn't 
succeed and we didn't try everything and what we got (eventually) was 
"At Large" as an Advisory Committee.

What I don't share is the view that the advice _must_ come from a source 
other than the Corporation's legal staff.

The Corporation's legal staff have the subject matter expertise -- 
California's incorporation language and case law, and are bound by the 
ethics and professional responsibilities requirements of the California 
Bar Association.

If the "member" question is worth considering, and if time is pressing, 
as we lack a basis to know that the Corporation's legal staff does not 
have subject matter expertise, nor does Corporation legal staff have an 
identified conflict of interest with ... an activity or activities it 
has called into existence -- the CCWG and/or CWG, no an ethics 
violation, why are we deferring the "member" and similar questions at all?

It is one thing for scenarios submitted to the WS4 stream to have (many) 
hypotheticals of incompetence, conflict or malfeasance, it is quite 
another to conduct ourselves as if the hypothetical is a fact pattern in 
the present.

The Corporation's legal staff are already paid, a defect that apparently 
makes finding sources of International Law expertise challenging, and 
from JJ to Dan to Sam to ... known to many of us, and known for many 
years. Absent very clear statements to the contrary, we should be able 
to proceed and determin whether the "member" suggestion has sufficient 
value to be worth implementation consideration.

Eric Brunner-Williams
Eugene, Oregon