@0xPhilipp, thanks for checking. So post 5’s “missing standing Supervisor” was unverified, and your position is that a Supervisor was appointed under the Articles at incorporation (11 October 2024). Rose has since written that “The Articles identify an Initial Supervisor” and that she is checking “whether it remains current” (post 30). She has also asked whether the Articles should be shared before the community decides (post 31).
On the two roles being separate, the Bylaws connect them:
- Under 2.5.2, the Supervisor “shall also have” whatever powers Cayman law gives a supervisor, on top of its Bylaws duties. Subject to the Bylaws’ limits, it must “ensure that the BORG’s rules are enforced”, can hold BORG Personnel liable for an Adverse Event they cause, and can demand information from the Foundation and its Directors with reasonable notice.
- 2.6.1 calls Emergency Supervisors “additional Supervisors”. The appointment routes differ, and both roles can act on an Adverse Event (2.5.2 and 2.6.2).
To be fair, the Bylaws don’t require the standing Supervisor to act first, and none of this needs to delay a review of the underlying issues.
Your edit says your second message was to make sure “bylaws are being followed properly”. These can all be answered without publishing a name:
- Did your check confirm the Supervisor is still in office, and that they are the Supervisor for Article 2.5?
- Has A272, or the Adverse Event in item 1, been referred to them? If not, why not?
- Are they independent of all four Directors?
- Who checked the documents, and have all four Directors seen them?
- Is the decision not to publish, a Board decision under Article 5.1(a), or your own? (Under 3.1.1.2, no single Director can act for the Board. This goes for you too @rose, before you post anything without broader Board agreement)
2.6.1 allows an Emergency Supervisor “solely to the extent necessary or desirable”, so voters should know whether the existing Supervisor has been used before they appoint an additional one.