Re: [802SEC] EC meeting via teleconference--tentatively Friday 2-4pm et 20 Oct 2006
Roger,
I missed that one. My view of the situation we are in with 802.20: The
Standards Board put in place special rules for 802.20 in
IEEESASB802.20Rport.pdf that our outside of our usual P&P to deal with
an extrodinary situation. Those rules over-rule the usual P&P
provisions.
One of the provisions they put in place was that the SASB would elect
new officers for 802.20. In reading the SASB report, I don't see
anything that says they expect those officers to be confirmed by the 802
EC.
Therefore, my view is that in this special case the slate of officers
elected by the SASB become the IEEE 802.20 officers and there is no
confirmation by the EC for these officers. What is the point of a
confirmation vote? If it failed to pass where would IEEE 802 and IEEE
802.20 be? I don't think we can apply the IEEE 802 P&P piecemeal to a
decision where they have already been over-ridden.
Pat
-----Original Message-----
From: ***** IEEE 802 Executive Committee List *****
[mailto:STDS-802-SEC@ieee.org] On Behalf Of Roger B. Marks
Sent: Monday, October 16, 2006 3:23 PM
To: STDS-802-SEC@listserv.ieee.org
Subject: 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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