Correction about shared hosting account

Just a clarification of a comment made by PT today on the forum.
Paul Wood insisted on the new hostgator account - would not let us assume his - he had a shared hosting account - we were assigned a separate shared hosting account. I did negotiate with hostgator that our shared hosting account be on the same server as Paul's to avoid downtime. 

So, to be clear. There was never a dedicated server. I did not transfer the site to a shared server. Paul and hostgator handled that part. Dyebat and I supplied contact and payment and ID for the new account. That is all.

I am happy to post all the correspondence with Paul, Dyebat, Dani, Kalua, and PT on this issue, if requested. 

Save your files, please!

Kalua's announcement at forum.susan-boyle.com regarding their intent to delete threads and posts due to database size is troubling. It is not necessary. There are alternatives to handling and backing up that database, including archival, which I suggested many many times...most recently a few weeks ago directly to a Board Member.

Crimes (including felonies) have been committed at forum.susan-boyle.com and the management (Admins and Board Members-past and present) are legally responsible for their actions in the actual crimes and the cover-up of the crimes. Knowingly deleting or tampering with evidence is also a serious crime.

I urge the Board to reconsider this action of modifying the database while the criminal matters are unresolved.

Personally, I have protected the data that I have collected from multiple sites and I urge you all to do the same. Your PM's, emails, screen grabs, and digital files from April 2009 to present may be requested via subpoena in the coming months. If you need help or advice on how to do so - please email me
sbfandomourstory@gmail.com.

It is also not lost on me that the OS was also taken down rather quickly just after the threat of legal action. A police investigation had already been underway for some time regarding activities on that site. I sincerely hope that, behind the scenes, the OS is cooperating fully and providing the necessary data. And that they are able to find software and/or programmers that can put some basic security in place to better protect members in the future. It has been, so far, a few weeks with no update on the site status from the OS.

Despite the pressure and attacks against us, Dyebat and I managed to complete our obligation and Dyebat incorporated SBFII - effective Thu, Jul 22, 2010 at 4:42 PM  Certificate of Incorporation DE. From that point forward, all of you have legal recourse against any corporate wrongdoing.  Against the Corporation and/or individuals acting on behalf of the Corporation.

For 2+ years, the management at the OS and at forum.susan-boyle.com have disregarded and dismissed (and in some cases abetted) the bullying, harassment, stalking, and/or defamation of members. No amount of pleading or proof has made them take this situation seriously.


So, while Dyebat, CL, Knudt and I (and others) do our part behind the scenes, we ask you to do yours. Save what you have and write up any incidents that you were involved in, have knowledge of, or data for.

Thank you,  Chris

ARTICLE X

If anyone cares to know what my interest in Article X of the by-laws at SBFII is, it is this:

I WROTE IT.

Perhaps I should have copyrighted it.  They are my words, as written on June 19, 2010, and no change was made to them by staff or Board during the period of review before they were published.  I have every right to explain the original intent so that it is not misinterpreted.

For any organization, the issue of changing by-laws has to be addressed in the initial by-laws or else the  organization is stuck with the same ones forever.  Article X was written to be enabling, not restricting. It states one way in which they MAY be changed.  It does not say they can't be changed in any other way. If I, the staff, or the Board intended that to be the only way, we could have added "only" or "exclusively".  None of us did so.

The Board has every right to choose not to change by-laws until next year, but that is THEIR choice, not the requirement of Article X. A "no" vote on the proposed new by-laws does not mean they HAVE to wait to make changes until next year. They have every right to do so, but to tell members it is Article X that requires that, is incorrect.  How members vote, and what the Board does after that vote, is none of my business, but misinterpreting my words and their intent IS my business.

J.K. Rowling is finished writing the Harry Potter series, but if someone changed the ending, and said that was what she really intended to write, do you think she might object?

Possible Conflict of Interest (COI) Issue

I am being asked why this was not addressed previously, so let me clarify a few points to prevent confusion and misunderstanding. And, for those wondering about my status..I resigned from susan-boyle.com after the 4th time that I was locked out without cause. I am still a member of the Susan Boyle online community and I remain involved in legal matters addressing criminal actions in this community.


On July 28, 2010, the first Board meeting was to be held.

Cicichi (as the first to accept a seat) was to start that meeting. I provided technical assistance to Cicichi and she set up a separate Campfire Chat account - private from all (including me) except the Board. As she had never chaired such a meeting, I also wrote and sent her a draft agenda.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Cicichi,
Here are some notes to help with chairing the first Board Meeting.
I'll send supporting documents in about an hour.
Chris

What Must be Done at the First Board of Directors Meeting?

1. Call The Meeting To Order
2. Roll Call/Introductions
3. Election of officers
(typically start with suggesting the highest ranked person (Tink-Admin) as Chairman - then ask for nominations/volunteers for the rest. Not required, but it would be nice to have a mix of Staff/Non-Staff. It may also be a good idea to have the secretary be USA based as the registrar in Delaware will need to mail any corporate docs to the secretary)

Chairman
Vice Chairman
Secretary
Chief Financial Officer

4. Chairman may take over from here
5. Authorize the Secretary to take minutes
6. Authorize the Chief Financial Officer (or the officers of this corporation) to open a bank account in the name of the corporation
(see bank notes below )
7. Acknowledge (approve) the name SBFII
8. Acknowledge (approve) the corporate address (registrar)
9. Acknowledge that the Articles of Incorporation have been filed
10. Approve the corporate by-laws

11. Approve the conflict of interest policy and require all board members to sign the policy. (these do not exist yet, perhaps assign someone to write a draft?)

12. Buy the site(s) from MJ

The board may have other specific business to discuss in addition to these
typical organizational resolutions.

After the meeting, the Board Secretary should distribute the minutes of this meeting for approval, and after approved, place them in the corporate records book.

BANK SELECTION NOTES
(the Board can select one of the two banks recommended below, or choose another)
note : edited the rest of bank notes collected from Kalua and Dyebat
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

I have been told by a Board Member in attendance at that meeting that PT did address the COI. She asked who would like to work on a COI statement with her. Cicichi volunteered to do so.

note #1
PT did not initially disclose to Dyebat that she also held an Admin position at the OS. Dyebat and I were not aware of this potential conflict of interest until PT informed me in a PM on July 14, 2010. "My gut tells me that a few folk know that Jessie and Tink are the same person and that this was an attempt to cause trouble. Using my dual role could be seen by the malcontents as a conflict of interest and abuse of power -their favourite phrase - and they will not see the benefits of the links between the two sites. "

note#2
The Bylaws were originally drafted by Dyebat and placed in a writeboard in the SBFII Basecamp Project Management area where all staff had access..to comment and/or modify. Many commented and changes were made based on staff and admin comments. The final draft was given to PT and she made a few final changes.

note#3 AMENDMENT OF BYLAWS
These by-laws may be amended by the voting membership of the organization at its regular annual meeting by a majority of the members voting by electronic means which limit each person to one vote.
There is nothing to prohibit bylaws being amended at other times, as it does not state that by-laws may only be amended...at its general meeting, or any other restrictive language.


note#4
Kalua is a stickler for any and all legal matters, however minute, in regard to the SBFII sites. Yet dismissive of requests for universally accepted levels of requests for transparency, disclosure, financial transparency, and other legal issues regarding SBFII itself.

There is simply no good reason for such resistance to SBFII having a COI statement, or disclosure of lender names/amounts and repayment. Lenders were never to be anonymous. The resistance to adhere to the original agreement makes it appear as if there is something to hide.

February 2010:  A thread suggesting gifts to buy Susan was active on the forum. I posted that we consider donating to a charity on her behalf instead. As there was some interest, I created a Kiva lending group. Many celebrities/groups have lending groups. Kalua notified me that this was inappropriate to discuss on the forum, so I created a separate website on February 28, 2010 for the Susan Boyle Kiva Lending Team.

Kalua then informed me that I needed a disclaimer at my new site and for my team (the other celebrity teams don't seem to need disclaimers). I thought this odd, but agreed. We then went back and forth a bit, as Kalua insisted the disclaimer cover a lot of ground.

Here is the disclaimer Kalua approved:

This project is not associated with Susan Boyle, nor any of the individuals or companies associated with or managing Susan Boyle, nor with any existing Susan Boyle fan sites.

Why not use something similar as part of the COI statement for SBFII?

All Administrators and Directors and Officers and Members of a Committee with Board Delegated Power should disclose any and all agreements and/or financial interest with Susan Boyle or with any of the individuals or companies associated with or managing Susan Boyle, or with any existing Susan Boyle fan sites.

To simplify the process, use the IRS model Conflict of Interest policy as a template, which is an attachment to Form 1023. Edit as necessary.

It should be obvious by now that the only reason that this process is taking so long and is so much work is that some are working against it. Still.