Part 1 — Definitions
The name of the Association shall be Firebird Foundation Inc. (referred to in these rules as "the Association").
The objectives of the Firebird Foundation shall be:
- To support and advance the development of the open source Firebird relational database management system.
- To provide the non-commercial infrastructure and mechanisms required to
- accept and manage funds raised by fees, subscriptions, donations, sponsorship and other means; and
- disburse such funds as grants to promote and advance the development effort.
- To encourage cooperation and affiliation with individuals, other non-profit organisations and commercial companies involved in, or planning to become involved in the development, support and promotion of Firebird software projects and associated products and activities.
Part 2 — Membership
- The members of the Association shall be the members of the group formed as The FirebirdSQL Foundation Steering Group immediately prior to incorporation together with such other people and organisations as the Committee (as defined in Part 4 — The Committee) admits to membership in accordance with this clause (collectively referred to as "Members").
- Eligibility to apply for membership shall be open to all individuals and organisations who accept and promote the objects and rules of the Association.
- Individuals and organisations wishing to become Members of the Association shall apply to the Committee for membership by completing and submitting a standard application form, a copy of which shall be available from the website of the Association.
- The Committee shall in its sole discretion determine whether or not to accept an application for membership. The Committee shall not be required to supply reasons for accepting or rejecting an application for membership.
- A register of Members ("the Register") shall be kept by the Association showing the name, email address, residential address and date of commencement of membership for each Member. Provision for noting the date of cessation of membership shall also be contained in the Register.
- The Register shall be kept at the Principal Place and a version of the Register shall be accessible for viewing by Members on the Worldwide Web at all practicable times.
- Membership shall cease upon death, resignation, expulsion, or failure to pay outstanding membership fees within two calendar months forward from the due date.
- Each Member shall be required to pay to the Association the annual membership fee ("the Fee or Subscription").
- The Fee or Subscription or if applicable the first instalment of the Subscription for the year of membership shall become due and payable as a condition of commencing membership of the Association and subsequently shall become due and payable on the anniversary of the calendar month in which the membership commenced or in rests if applicable according to the Member's Terms of Membership as described in Part 7 — Terms of Membership.
- Memberships shall be offered according to the following categories:
- Principal or Voting membership
- Associate or Non-voting membership
- A Principal or Voting Member shall be a Member who holds a current Voting membership as defined hereunder and shall have normal voting rights at general meetings.
- Fully-subscribing Membership
Entitlement to apply for Fully-subscribing Membership shall be open to individuals and corporations as specified in Part 7 — Terms of Membership, Articles 15 to 18.
- Honorary Voting Membership
Honorary Membership shall be available at the discretion of the Committee to natural persons who demonstrate active and exceptional participation in pursuit of the objectives of the Association and who would otherwise not qualify as a Principal or Voting Member.
- Only a principal member may be elected or appointed to an office of the Association.
- A Non-Voting Member shall be a Member who holds a current Associate Membership as defined hereunder and shall not have voting rights at general meetings.
- Entitlement to apply for Associate Membership shall be open to individuals and corporations and has no special requirements except approval by the Committee.
- An Associate Member may be elected, appointed or coopted into a committee and shall at the discretion of fellow members of that committee become eligible to vote on matters of process within that committee excepting any financial matter.
- Rules Governing Corporate Memberships
- Each corporate membership shall be occupied by one natural person as Representative who must be identified to the Association in writing at least two weeks before commencing as Representative of that corporation.
- No limit shall apply to the number of memberships occupied by executive or other members of a single corporation but the sum of votes cast by the corporate Representative and individual executive officers and employees of that corporation shall not exceed five (5) in any single ballot.
- Variations or exceptions to these rules may from time to time be permitted at the discretion of the Committee.
- An individual natural person shall be entitled to occupy more than one type of membership but shall be eligible to cast one and only one vote in any general, special or committee ballot.
- Special Exclusions to Voting Privileges
A Principal Member shall be required to abstain from voting in any ballot where any of the following conditions pertain to the outcome of the Matter proposed for ballot.
- the Member has declared or has been determined by resolution of the Principal Members or of the Committee to have a beneficiary interest; or
- the Member has declared or has been determined by resolution of the Principal Members or of the Committee to have a conflict of interest; or
- the Member has been otherwise required to abstain from voting by a prior resolution of the Principal Members or of the Committee.
- The Fees or Subscriptions payable according to membership category shall be determined by the inaugural Committee of the Association and shall be in effect for one calendar year from the date of the Certificate of Incorporation of the Association. Future variations to Fees or Subscriptions shall be proposed by the Committee for ballot at the Annual General Meeting of the Association or at such Special General Meeting as may be called by the Committee for this purpose.
- The Committee may at its discretion waive the requirement for a Member to pay a Fee or Subscription.
- Any right, privilege or obligation which a person has by reason of being a Member may not be transferred or transmitted to another person and shall terminate upon that person's ceasing to be a Member.
- Members' Liability
The Members' liability to contribute towards the payment of debts and liabilities of the Association or the costs, charges and expenses of the winding up of the Association shall be limited to the amount of any unpaid Fees or Subscriptions (as defined in rule 2.3(i) and in Part 7 — Terms of Membership).
- Disciplining of Members
- A complaint may be made in writing to the Committee by any Member that some other Member has
- persistently refused or neglected to comply with a provision(s) of these rules; or
- persistently or peremptorily acted in a manner prejudicial to the interests of the Association; or
- represented himself or herself without the proper authority as speaking for or acting on behalf of the Association
- persistently or peremptorily caused nuisance to one or more fellow Members
- On receiving such a complaint, the Committee:
- shall cause notice of the complaint to be served on the Member concerned; and
- shall allow the Member fourteen days from the time the notice is served or such longer period as the Committee may determine to make submissions to the Committee in connection with the complaint; and
- shall take into consideration any such submissions made by the Member in connection with the complaint.
- The Committee may expel the Member from the Association or suspend the Member from the Association if, after considering the complaint and any submissions made in connection with the complaint, it is satisfied that the allegations in the complaint have been substantiated and that the penalty is justified.
- If the Committee decides to expel or suspend a Member, the Secretary shall within seven days after the Committee's decision, cause written notice to be given to the accused Member of the reasons for its decision and of the Member's right of appeal under rule 5e.
- A Member wishing to appeal against a decision expelling or otherwise disciplining her or him may do so by notifying the Secretary in writing within twenty-one days of receiving the notice under rule 5d that he or she wishes the decision to be reviewed at the next General Meeting of the Association.
- The expulsion or suspension shall not take effect:
- until the expiry of the period within which the Member is entitled to appeal against the Committee's decision; or
- if the Member exercises the right of appeal, unless and until the Committee's decision is upheld on appeal.
- Once the formal response to a complaint is under review according to these Rules
- the Matter shall be deemed to be sub judice and shall not be raised for public discussion in the General Forum of the Association; and
- the Committee shall at its discretion exclude from the General Forum any Member who attempts to violate this rule.
- In the event that a disciplinary decision should result in the expulsion of a Member, the Member shall be entitled to request in writing the refund of any fees or subscriptions paid in advance the amount due to be calculated pro rata for the period between final resolution and the date upon which the Member's fee or subscription would have been due for renewal under Part 7 — Terms of Membership.
- Disputes between Members
In the event of a dispute arising between Members (in their capacity as members), or between a Member and the Association, or a Member and the Committee, the following procedure shall apply:
Part 3 — Funds
- Each side of the dispute shall nominate a representative who is not directly involved in the dispute. Those representatives shall then use their best endeavours to settle the dispute by negotiation.
- Should the nominated representatives be unable to resolve the dispute within fourteen days of commencing negotiations (or such other period as the parties may agree upon) a Special General Meeting of the Association shall be called for the purpose of electing or appointing an Arbitrator to settle the dispute.
- It shall be a condition of membership that the subsequent decision of the Arbitrator so elected shall be accepted as final and binding.
- The Association shall not be liable for any costs or expenses incurred by Members in the dispute resolution process hereto described.
- Sources of Funds
- The funds of the Association shall be derived from
- seeding funds pledged and deposited by the FirebirdSQL Steering Committee prior to the incorporation of the Association; and
- Membership Fees and Subscriptions (as defined in rule 3i); and
- donations, grants, private and company sponsorships, such other sources as shall be approved by resolution of the Members at a General Meeting and such other sources as may be proposed to and determined by the Committee.
- The Committee shall maintain one or more bank accounts in the name of the incorporated Association and shall make publicly available to members any ledger report reasonably requested and shall publish annually a statement of income and expenditure.
- All monies received by the Association shall be deposited to the credit of the Association as soon as practicable after receipt and shall be free of deduction except as described in 7.e hereunder.
- The Association shall, as soon as practicable after receiving any monies, issue an appropriate receipt document in printable format and shall retain a reproducible copy of each receipt document.
- Where funds contributed are reduced by expenses incurred through transfer or other cause, public account of the costs so incurred shall be recorded distinctly for each transaction where it is practicable to do so.
- Management of Funds
Part 4 — The Committee
- The funds of the Association shall be used in pursuance of the objectives of the Association in such manner as the Committee shall determine and shall not be paid or transferred to Members by way of dividend, bonus or profit.
- No portion of the funds of the Association shall be distributed directly or indirectly to the Members of the Association except as bona fide compensation for services rendered or expenses incurred on behalf of the Association.
- In the event of the Association being dissolved, the amount that remains after such dissolution and the satisfaction of all debts and liabilities shall be transferred to any association with similar purposes which is not carried on for the purpose of profit or gain to its individual members.
- Payment or other act of negotiation pertaining to all cheques, drafts, bills of exchange, promissory notes and other negotiable instruments shall be approved in advance by a quorum of Members of the Committee and shall be signed by a Member of the Committee or by such other Principal Member or Employee of the Association as shall be authorised by a Resolution of the Committee to sign such instrument.
- Office Bearers
- The office bearers of the Association shall be:
- the President;
- the Vice-President;
- the Treasurer; and
- the Secretary.
- The President or, in the President's absence, the Vice-President shall act as chairperson at each general meeting and Committee meeting of the Association.
- If the President and Vice-President are absent from a meeting or are unwilling to act, the Members present at the meeting shall elect one of their number to act as chairperson.
- The Secretary shall ensure that records of the business of the Association including these Rules, the Register, Minutes of all General and Committee meetings and a file of correspondence are kept. These records shall be available for inspection by any member and shall be held in the custody of the Secretary.
- The Treasurer shall ensure that all monies received by the Association are managed according to the articles in Article 8, Management of Funds.
- The Treasurer shall ensure that correct books and accounts are kept and that the financial affairs of the Association are made visible in a timely manner to Members of the Association and to such other persons as are stipulated by the legislation applicable to incorporated associations in the state of New South Wales.
- Vacated to Part 8, Rule 28
- It shall be permissible for a single member of the Committee to hold more than one office.
- Management by Committee
The Association shall have its affairs controlled and managed by the Office Bearers and other Members known as the Committee.
Part 5 — General Meetings
- The Committee may exercise all such functions as may be exercised by the Association, other than those functions that are required by these rules to be exercised by a general meeting of Members.
- The Committee shall consist of:
- the Office Bearers of the Association; and
- at least three but no more than eleven other Members, each of whom shall be a current member according to the rules for membership described in Part 2 herein and not in default of any membership dues; and shall be elected at the Annual General Meeting of the Association.
- [Vacant rule]
- Each Member of the Committee including the Office Bearers shall hold office from the date of his or her election or appointment until the next Annual General Meeting.
- The office of a Committee Member shall become vacant if that Member:
- fails to attend three (3) consecutive meetings of the Committee, except where leave of absence has been granted by the Committee; or
- resigns from office by notice in writing to the Committee before tenure of office has expired; or
- is unable to carry out his/her duties; or
- becomes deceased; or
- becomes mentally incapacitated; or
- ceases to be a Member (of the Association).
- Where leave of absence is granted under rule 10.e(i) the duties of the absent Member may be performed by another Member appointed by the Committee for a period determined by the Committee or until the next Annual General Meeting.
- Any casual vacancy occurring in the Committee may be filled by an eligible member appointed by the Committee until the conclusion of the Annual General Meeting next following the date of such appointment, except that an Office Bearer vacancy must be filled by a Principal member.
- Standing Committee Members shall be eligible for re-election.
- Notwithstanding Rule 10.b heretofore described, the Association shall commence operation under the management of an Interim Committee that comprises the standing Committee of the Steering Group for the formation of the Association at the inauguration of the Association as an Incorporated Association under the relevant laws of the state of New South Wales, Australia and shall continue to operate under such management until the completion of the Election of Officers at inaugural Annual General Meeting of the Association.
- The Committee of the Association shall have the right to convene and appoint sub-committees comprising Members of the Association and shall require a sub-committee so appointed to
- appoint a Chairperson; and
- report its Proceedings to the Committee of the Association within a reasonable period of time; and
- follow the protocol of the Association described in Appendix A, Protocol for Conducting Meetings.
- The Committee of the Association shall meet as often as necessary to conduct the business of the Association and not less than once every two months.
- The quorum for meetings of the Committee or any sub-committee elected or appointed by the Committee shall consist of three bona fide Members of that Committee including at least one Office Bearer.
- In the event that one or more Members of a Committee be excluded from the right to vote on a Matter according to Rule 3.o heretofore described:
- such Member or Members shall not be counted in a quorum for any ballot relating to that matter; and
- in the event that the quorum for such ballot thus falls below the number heretofore described the Committee shall not proceed to act upon that Matter except to defer the ballot until such time as the quorum requirement can be filled; and
- the remaining Members of that Committee may at their discretion require the Member or Members thus deemed ineligible to vote to be excluded from the ensuing Proceedings on the Matter.
- In the event that a Committee fails to form a quorum for any meeting it shall not act in any capacity at that meeting except to appoint new Members to its Committee according to the rules heretofore described.
- Subject to the rules for the composition of quorums heretofore described, the Committee may act despite any vacancy on the committee.
- Notice of Committee meetings shall be given at the previous Committee meeting or by such other means as the Committee may decide.
- Matters arising at any meeting of the Committee shall be decided by the majority of voters present who are eligible to vote on the Matter. In case of an equality of votes the person appointed to chair the meeting shall have a second or casting vote.
- If, within twenty-four hours of the time appointed for a Committee meeting, a quorum is not established, the meeting shall be dissolved.
- Additional meetings of the Committee maybe convened by the President or any two members of the Committee.
- The Committee may, by instrument in writing, delegate the exercise of its functions to a sub-committee except:
- this power of delegation; and
- any function which is a duty imposed on the Committee by law.
- Any act or thing done or suffered, or purporting to have been done or suffered, by the Committee or by a sub-committee appointed by the Committee, shall be deemed valid and effective despite any defect that may afterwards be discovered in the appointment or qualification of any member of the committee or sub-committee.
- Conduct of Meetings of Committees
- All meetings shall normally be conducted by electronic mail according to the Rules and Conventions described hereunder in Part 6, Conduct of Meetings and in any Appendices as shall be annexed to these Rules regarding the conduct of meetings and ballots.
- An exceptional meeting of the committee may be convened within the proceedings of any physical gathering that is organised for a primary purpose that is in keeping with the Objectives of this Association provided that the number of committee members in attendance is equal to or greater than half the total number of current committee members plus one and provided that all committee members are notified of the meeting date at least fourteen days before the meeting is due to start.
A general meeting is a meeting that is open to all members of the Association and takes place normally by email in a private forum to which all members are subscribed. For the purposes of these Rules and the associated protocols for conducting meetings and ballots, general meetings are categorised as either:
- Annual General Meeting
- Special General Meeting
- ordinary general meeting
- The Annual General Meeting of the Association shall be held each year within six months from the end of the financial year of the Association.
- The quorum for the Annual General Meeting shall be:
- twenty (20) Principal Members if the total of currently registered Principal Members exceeds thirty (30) in number; or
- two-thirds of the total of currently registered Principal Members otherwise.
- The following business shall be transacted:
- confirmation of the minutes of the last Annual General Meeting; and
- receipt of the Committee's report upon the activities of the Association in the financial year immediately preceding the Annual General Meeting; and
- receipt and consideration of a statement from the Committee which is not misleading and gives a true and fair view for the last financial year of the Association's income and expenditure assets and liabilities mortgages, charges and other securities trust properties; and
- election of Office Bearers and other Members of the Committee.
- Any special resolution may be included in the Agenda of the Annual General Meeting and may be put to the vote provided the requisite notice has been given and the proposed method of conducting the ballot is known to have been approved by the Commissioner of Fair Trading of the NSW State Government.
- Nominations of candidates for election as Office Bearers or other Committee Members may be made at the annual general meeting or by such other means as may be determined by the Association at a general meeting.
- Special General Meetings: The Committee may at its discretion convene special general meetings of the Association to resolve a matter for which a Special Resolution may be required.
- If the Committee of the Association should receive a valid written request to convene a Special General Meeting co-signed by five per cent (5%) of the Principal Members of the Association it shall proceed to convene such meeting provided that:
- such request states the purpose or purposes of the meeting; and
- such request is signed by all Members making the request; and
- such request is lodged with the Secretary; and
- all supporting documents are attached to the request and are signed by one or more of the Members who are co-signatory to the request.
- Upon lodgement of a valid request to convene a Special General Meeting, the Committee shall proceed to convene said meeting within one month after the date on which the request is received by the Secretary of the Association.
- In the event of failure by the Committee to convene such meeting within the stipulated time it shall fall to the Members who were signatory to the original request to become entitled to convene a Special General Meeting of the Association on their own joint account. Such Special General Meeting:
- shall consider no other Matter except the Matter or Matters proposed in the original request; and
- shall take place no more than three (3) months after the date upon which the failure of the Committee to convene the requested Special General Meeting is established.
- Notice of the Special General meeting shall be given to members at least twenty-one (21) days before the meeting.
- The quorum for a special general meeting shall be:
- twenty (20) Principal Members if the total of currently registered Principal Members exceeds thirty (30) in number; or
- two-thirds of the total of currently registered Principal Members otherwise.
- Decisions proceeding from ballots polling special resolutions shall be determined by a majority consisting of at least seventy-five percent (75%) of the number of Principal members determined to be a quorum as described in rule 12.e.
- Special Resolutions
- a change of the Association's name; or
- a change of the Association's rules; or
- a change of the Association's objects; or
- amalgamation with another incorporated association; or
- the voluntary winding up of the Association and consequent Matters concerning the distribution of its property; or
- consideration of any change in the non-profit status of the Association.
- A special resolution shall be passed in the following manner:
- notice in writing shall be sent to all members advising that a general meeting is to be held to consider a special resolution and said notice shall give details of the proposed special resolution; and
- such the notice must be given at least twenty-one (21) days before the proposed date of the meeting; and
- such meeting shall be conducted according to the Rules heretofore described for general meetings and in accordance with Part 6 — Conduct of Meetings.
- Ordinary general meetings: all general meetings except Annual General Meetings and Special General meetings are ordinary general meetings.
Part 6 — Conduct of Meetings
- The email forum for members shall be considered to be a "committee of the whole" according to the Protocol for Conduct of Meetings at all times except when the meeting has been called to order under the standing orders for an ordinary, Special or Annual general meeting.
- At least seven (7) days' notice shall normally be given to all Members of the intention to call the meeting to order to discuss a specified matter. However, the Members may agree by concensus to reduce or waive the notice period.
- Matters for discussion under the standing orders for ordinary meetings shall be published on the website of the Associate in advance of the meeting's being called to order.
- In the event that a matter discussed in an ordinary general meeting should evolve into a matter for which a Special Resolution would be required, the matter shall be left on the table for resolution by a subsequent Special General Meeting.
- The quorum for an ordinary general meeting shall be determined by the same rules that apply to quora for annual and special general meetings.
- All general and Committee meetings of the Association shall be conducted by means of Email ("electronic mail") Forum.
- An Email Forum is defined as a List established on a List Server configured to:
- accept or reject membership of the list; and
- disseminate copies of all messages submitted to the list to all members of the list; and
- provide threading capability
- For general meetings, the Committee shall provide an Email Forum which is accessible for reading and posting messages by all Members.
- For meetings of the Committee and sub-committees the Committee shall provide Email Forums as appropriate to ensure that all participants in each Committee or sub-committee meeting shall be capable of receiving and posting messages.
- The Committee shall develop and publish a Protocol for participating in meetings conducted by Email Forum which shall be appended to these Rules as Appendix A, Protocol for Conduct of Meetings by Email Forum and which shall be made available as a downloadable document from the website of the Association.
- All ballots shall be Exposed Ballots whereby the votes of all Members of the eligible Electorate shall be visible to all other voters.
- In the procedure of any meeting the Chairperson appointed or elected for the meeting shall determine the dates and times for the opening and closing of all Items, Matters and Ballots pertaining to that meeting.
- All dates and times pertinent to meetings shall be expressed as Greenwich Mean Time.
- Written notice of all general meetings shall be given to Members by electronic mail and by announcement at the website of the Association.
- Any Principal Member may submit to the Secretary in writing items of general business for consideration at an ordinary or Annual General Meeting provided that
- each item for consideration shall be submitted separately; and
- the Secretary receives the item before the time the meeting is scheduled to commence; and
- any Motion of proposal included or attached shall have a Proposer and a Seconder.
Part 7 — Terms of Membership
- Each natural person who is a Principal Member shall be entitled to one and only one vote in any ballot at a general meeting of the Association.
- In the case of an equality of votes on a question at a general meeting, the chairperson of the meeting is entitled to exercise a second or casting vote.
- Voting by proxy in respect of a specific general meeting shall be permitted provided that
- the Member notify the Secretary in writing of his or her appointment of another Principal Member as his or her proxy not less than twenty-four hours before the time the general meeting is scheduled to commence; and
- no Member shall act as proxy for more than five other Members.
- No Member shall be entitled to vote at any general meeting of the Association unless all monies due and payable by the Member are paid up, or within the grace period of two months following the date when a renewal fee became payable.
- Decisions proceeding from ballots polling ordinary resolutions shall be determined by a simple majority vote of Principal Members polled.
- The Committee shall develop and publish procedures for conducting and counting ballots which shall be appended to these Rules as Appendix B, Procedures for Conducting Ballotsand Voting and which shall be made available as a downloadable document from the website of the Association.
- All Members shall be required to accede to the Rules of the Association herein and to the Terms of Membership hereinunder described and shall be entitled to become members of the general email forum of the Association.
- Fully-subscribing Membership
A Fully-subscribing Membership shall be defined as the commitment of periodic contributions, or a single lump sum in advance, to the funding pool of the Association of not less than twenty-five US dollars per month for a period of not less than three consecutive months or such amount as shall from time to time be determined by a Resolution of the Association.
- A Fully-subscribing Membership shall commence when the Member deposits the first instalment of his or her commitment.
- A Fully-subscribing Membership shall cease when the Fully-subscribing Member
- fails to honour the commitment made by the Fully-subscribing Member during the initial three months of said commitment; or
- allows his or her commitment to fall into arrears for more than two months at any time; or
- withdraws from his or her commitment.
- A Fully-subscribing Member who intends to withdraw from his or her commitment shall
- notify the Treasurer in writing of said intention not less than one month in advance of the date upon which the final instalment of the Member's commitment is due to be honoured; and
- shall be entitled to continue as a Principal Member until the anniversary of his or her intitial contribution provided the total of his or her contributions is deemed to be not less than the annual fee due to a Voting Member; or
- shall be entitled to continue as an Associate Member until the anniversary of his or her intitial contribution provided the total of his or her contributions is deemed to be not less than the annual fee due to an Associate Member.
- Associate Membership
Part 8 — Miscellaneous
- Subject to acceptance by the Committee, a person shall become an Associate Member by payment of the prescribed subscription fee for Associate Members.
- For the period from the inauguration of the Association as an incorporated Association the subscription fee for Associate Membership shall be fifty US dollars per annum or such amount as shall from time to time be determined by a Resolution of the Association.
- Subscription fees to the amount determined at the preceding Annual General Meeting to be the Associate Membership subscription fee at the date of renewal shall be due for renewal on the anniversary of the date when the subscription was first paid.
- Associate Membership shall be deemed to have lapsed if not renewed within two months following the anniversary of the first subscription.
The Association shall not be required to effect and maintain insurance but the Committee shall be empowered to do so at its discretion.
- Alteration of Objectives and Rules
The statement of Objectives and these Rules may be altered, rescinded or added to only by a special resolution of the Association.
- Common Seal
- The Common Seal of the Association shall be kept in the custody of the Public Officer.
- The Common Seal of the Association shall not be affixed to any instrument except by the authority of the committee and the affixing of the common seal shall be attested by the signatures either of
- two members of the Committee; or
- one ordinary member of the Committee and either
the Public Officer; or
- Custody of Books
Except as otherwise provided by these Rules, the Public Officer shall keep in his or her custody or under his or her control all records, books and other documents relating to the Association.
- Inspection of Books
The records, books and other documents of the Association shall be open to inspection, free of charge, by a Member of the Association at any practicable hour.
- Service of Notices
For the purpose of these Rules:
- a notice may be served on or given to a person:
- by delivery to the email address supplied by that person and held in the Register of Members or other Repository as shall be determined by the Secretary; or
- by sending it by pre-paid post to the registered residential address of the person.
- a notice shall be taken to have been given or served, unless the contrary is proven:
- in the case of electronic mail, on the date in Greenwich Mean Time which is indicated in the header of the message; or
- in the case of a notice sent by pre-paid post, on the date when it would have been delivered in the ordinary course of post.
- The Public Officer
The Public Officer shall liaise with the appropriate public bodies in accordance the legislation applicable to incorporated associations in the state of New South Wales:
- The first Public Officer shall be the person who completed the application for incorporation of the Association.
- The Committee may at any time remove the Public Officer and appoint a new Public Officer provided the person appointed is 18 years of age or older and is a resident of New South Wales.
- The Public Officer shall be deemed to have vacated the position in the following circumstances:
resignation in writing from the position; or
removal by the Committee or at a general meeting; or
bankruptcy or financial insolvency; or
mental illness or incapacity; or
relocation to residency outside New South Wales.
- When a vacancy occurs in the position of Public Officer the Committee shall within 14 days notify the Department of Consumer Affairs of the state of New South Wales by the prescribed form and appoint a new Public Officer.
- The Public Officer is required to notify the Department of Consumer Affairs by the prescribed form in the following circumstances:
appointment (within 14 days); or
a change of residential address (within 14 days); or
a change in the Association's objectives or rules (within one month); or
a change affecting the Association's financial status (within one month after the annual general meeting); or
a change in the Association's name (within one month).
- The Public Officer may be an Office Bearer, Committee Member or any other person regarded as suitable for the position by the Committee.
- The Public Officer shall keep a register of Members of the Committee which shall:
contain the name, email address and residential address of each Committee Member and the date on which he or she became a Member of the Committee; and
be updated within one month of any change taking place.
The original Rules were filed with the Registry of Corporations and Associations of the state of New South Wales, Australia on 21 October 2002 and were approved by the Department of Fair Trading on 20 November 2002 for registration under certificate INC9878828
Changes to these Rules, including the renaming of the Association from "The FirebirdSQL Foundation" to "Firebird Foundation" were approved by way of 38 Special Resolutions passed by ballots conducted between 11 May and 2 June 2005.