# Decentralized Climate Foundation Members Responsabilities.

## Director.
> Omar Octavio Huerta Valdez. Incumbent

**These are the legal powers of the General Director:**

1. To represent the Association with General Judicial Power for lawsuits and collections. To execute all kinds of rights and actions, including writs of Amparo before any authority of the Federation, whether from States or Municipalities, whether in voluntary, mixed, or contentious jurisdiction.
2. To file and answer lawsuits, including writs of Amparo that may be brought as many times as deemed necessary, to oppose exceptions, to make counterclaims, to submit to any jurisdiction, to challenge magistrates, judges, and other individuals who may be recused under law.
3. To withdraw, even in Amparo lawsuits, to compromise, to engage in arbitration, to absolve and articulate positions, to assign assets, to receive payments, to acquire authority sales, formulating the bids and offers that are appropriate, with regard to the assets that are the subject of the lawsuit.
4. To submit all kinds of evidence.
5. To acknowledge signatures and documents, to object to them, and to prove them false, to attend meetings, judicial or extrajudicial proceedings, to make bids, offers, and improvements, and to obtain for the Association all kinds of assets and, by any means, to subrogate rights.
6. To formulate accusations, complaints, denunciations, criminal complaints, and to become a party to criminal cases or as an assistant to the Public Ministry in criminal cases, to grant forgiveness when appropriate, to demand compensation for damages, to make settlements, and to carry out all appropriate procedures in defense of the interests of the principal.

**These are the labor powers of the General Director:**

1. To promote, manage, and file petitions, lawsuits, and appeals of all kinds, before labor authorities, Conciliation and Arbitration Boards, whether Local or Federal, and to represent the Association as an employer in all matters relating to the Federal Labor Law, in hearings, conciliation appointments to formulate agreements, to act against unions with whom collective labor agreements have been concluded, and for all purposes of collective or individual conflicts, may act before or against individual workers, and in general for all labor-management matters and in general to exercise before any labor and social service authorities referred to in Article 523 of the Federal Labor Law.
2. He will carry out the Employer Representation for the purposes of Articles 11, 46, 47, and also the legal representation of the Association for the purpose of proving personality and capacity in or out of court, in the terms of article 692 section II and III, they may appear for the taking of confessionary evidence in the terms of Articles 787 and 788 of the Federal Labor Law, with the power to articulate and answer positions and to provide evidence in all its parts. They may designate conventional addresses to hear and receive notifications in the terms of Article 876; they may appear with all the sufficient and necessary legal representation to attend the hearings referred to in Article 873, phases of conciliation, demand and exceptions, and offering and admission of evidence, in the terms of Articles 883 and 884, all of the Federal Labor Law. They may make settlement arrangements, conclude transactions, make all kinds of decisions, negotiate and sign labor agreements. At the same time, they may act as representatives of the Association regarding any kind of labor proceedings and trials that are processed before any authority. They may also enter into employment contracts, withdraw or terminate them.

**Limitations:**

Based on Article 2,207 of the Civil Code of the State of Jalisco, the powers inherent in General Judicial Powers can only be exercised by representatives who hold a professional title of Lawyer, Bachelor of Law. In the absence of a title, representatives must necessarily be advised by a legal professional, who must sign and act jointly with the representatives in all legal proceedings.

**The General Director also has the following duties and powers:**

• To attend the meetings of the Association and the general assemblies, presiding over both.
• To convene meetings of the members and general assemblies.
• To ensure that the development of meetings, both of the members and the assemblies, are carried out with all due decorum and correction, being able to make use of lawful means at their disposal to achieve this purpose.
• To appoint or have committees appointed.
• To sign jointly with the secretary the minutes of the sessions of the Association, as well as the minutes of assemblies once they have been approved.
• To approve, jointly with the treasurer, the receipts issued by the Association, as well as all documents that must be paid by it.
• To represent the Association before third parties, judicial, administrative, and labor authorities, both federal and state and municipal, having the right to use the corporate signature for legal and statutory purposes.
• To provide an annual report of their management at the meeting called to give possession to the elected board of directors.
• To appoint a Director General.

## Secretary.
> Francisco Alberto Sandoval Diaz. Incumbent.

These are the duties and powers of the Secretary:

1. To present the minutes of the previous session and correspondence and matters to be discussed during the sessions.
2. To take note of attendance at sessions.
3. To collect votes and report them to the president.
4. To write up the minutes of the sessions once they have been approved by the general assembly and entered in the appropriate book under their signature.
5. To sign the Association's correspondence.
6. To keep a register of members with their addresses.
7. To keep the Association's correspondence, books and papers under their strict responsibility.
8. To report to the Board of Directors on matters in the hands of commissions that have not been resolved.
9. To handle routine matters that fall within their competence and to submit to the president's decision those that require immediate resolution.

In general, all the powers and duties established by law.

In the event of the Secretary's absence, the person designated by the present members shall temporarily perform the duties of the secretary.

## Treasurer.
> Alfonso Nuñez Navarro. Incumbent.

The Treasurer:

The treasurer will be responsible for collecting membership fees from the members and is authorized to hire an employee for this purpose, whose compensation will be determined by this Board of Directors.

The treasurer will handle the funds of the Association and with the approval of the president, may use them in urgent cases, subject to giving an account of it to the Board of Directors at the first meeting.

Only the Board of Directors will have the right to use the funds of the Association and therefore, the president will give approval to use them when the expenditure is approved, without prejudice to what is stipulated in the previous article.

The treasurer will provide the Board of Directors with a quarterly report, which will include a detailed account of the inflow and outflow of funds, and will provide the Secretary with a list of members who are behind in their dues payments, so that the Secretary can request that they bring their payments up to date.

The Treasurer shall submit to the President, with due advance notice, a detailed, itemized, and verified account of the management of the funds that have been under his or her care.

## The Surveillance Council or Commissioner.
> David Eugenio Perez Negron Rocha & Christian Sandoval. Incumbent

The Surveillance Council.

The surveillance of the Association will be entrusted to a Surveillance Council or Commissioner, as determined by the Assembly of Associates, a position to be held by at least two individuals who have the status of Active Associates. This social organ will have the powers granted to it by law. The position of Councilor is personal and non-transferable, with a term of one year from the date set for taking office. The councilors will be in office on the same date that the board takes office and until new individuals are elected to form this Council or assume the position of Commissioner.

## Vocals.

The Vocals shall have the obligations inherent to their position as members of the Board of Directors, as well as those arising from the delegations or work commissions entrusted to them by the Board itself.

> 1. Christian Sandoval
> 2. David E. Perez Negron R.

## Community
Representatives / Maintainers / Social Services
>Gustavo Bermudez.

### MaxCoin
> David Serrano

## References
1. https://hackmd.io/PJjDdwusTCu2rkKOGtnqcg 2023-01-16
2. https://hackmd.io/A9LNZFTlQsC32gqDw1C7EQ 2023-01-16