Re: [802SEC] EC meeting via teleconference--tentatively Friday 2-4pm et 20 Oct 2006
Paul,
I have additional concerns beyond the ones raised previously.
I am not sure I am permitted to raise these concerns. I do not yet
know whether I will be identified as having a conflict of interest.
If I am so identified, and if the discussion is held in executive
session, then it appears that I will be forbidden to comment
regarding the specific 802.20 issues under consideration.
I will take a chance and state my opinion.
You have said that the "objective of the meeting will be to identify
those members of the EC that are non-conflicted." However, you then
state an additional objective: "to confirm the person identified to
chair 802.20 as recommended by the SASB chair recommendation
committee and approved by the SASB."
I believe that the 802 EC is not authorized by the 802 P&P to conduct
such a confirmation. The P&P says "LMSC Working Group Chairs and Vice
Chairs shall be elected by the Working Group and
confirmed by the LMSC Executive Committee." In the absence of such an
election, it is inappropriate for the EC to vote on confirmation.
On the other hand, I think that such a confirmation vote is
unnecessary. The P&P says that "Initial appointments and temporary
appointments to fill vacancies due to resignations or removals for
cause, may be made by the Chair of the LMSC, and shall be valid until
the end of the next plenary session." I believe that this clause
covers the current vacancy in 802.20 and thereby provides you with
the authorization to make the appointment.
A separate question is whether that appointment can be renewed in the
absence of election by the WG.
Roger
On Oct 13, 2006, at 11:38 AM, Paul Nikolich wrote:
> Dear EC members,
>
> I will be convenening a teleconference meeting of the EC as soon as
> possible (hopefully 2-4pm ET Friday 20OCT2006). Please let me know
> if you can make the teleconference meeting next Friday immediately.
>
> The objective of the meeting will be to identify those members of
> the EC that are non-conflicted with respect to any decisions
> regarding the 802.20 Working Group. The process by which the non-
> conflicted members will be identified is attached and closely
> matches the process used at SASB. The process is 802.20 specific
> right now, but in the long term my intention is to make it generic
> and place it in the 802 Chair's Guidelines.
>
> Once the non-conflicted EC members are identified, our first order
> of business will be to confirm the person identified to chair
> 802.20 as recommended by the SASB chair recommendation committee
> and approved by the SASB. I'm not sure that person will be ready
> for EC confirmation by next Friday, but he may be, therefore in
> addition to identifying the non-conflicted EC members, I may ask
> for the non-conflicted EC members to confirm the person via the
> telephone meeting as well.
>
> In case you are wondering whether or not telephone meetings are
> acceptable, they are. I asked SA counsel to confirm this fact and
> they have found the following:
>
> Section I-300(4)(2) of the Institute's Bylaws provide
> "The Board of Directors, the Executive Committee, the Major Boards,
> the Standing Committees any other board or committee reporting
> directly to the Board of Directors, and any board or committee of
> any organizational unit of the IEEE, may meet and act upon the vote
> of its members by any means of telecommunications. The normal
> voting requirements shall apply when action is taken by means of
> telecommunications equipment allowing all persons participating in
> the meeting to hear each other at the same time"."
>
> additionally NY State non for profit statute provides:
> "On the issue of telephone conferences, Section 708 of the NY not
> for profit statute provides that a committee of the Board may
> participate in a meeting of such board or committee by means of
> telephone if everyone can hear and that participation by such means
> constitutes presence in person at the meeting:
> 708(c)
> c) When authorized by the certificate of incorporation or the by-
> laws, any one or more members of the board or any committee thereof
> may participate in a meeting of such board or committee by means of
> a conference telephone or similar communications equipment allowing
> all persons participating in the meeting to hear each other at the
> same time. Participation by such means shall constitute presence in
> person at a meeting."
>
> Regards,
>
> --Paul Nikolich
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