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Thanks Pat,
I'm investigating the possibility of Suspending the Rules further with SA staff. If our earlier interpretation can be shown to be in error, I will proceed with the motion. If not, we will have to consider another course of action on this matter. Worst case, I'll tentatively re-schedule the EC telecon for 30 days from now Thursday 23MAY noon-1pm ET. EC members, please consider this as the notice.
Regards,
--Paul
------ Original Message ------
Sent: 4/22/2013 9:51:04 PM
Subject: Re: [802SEC] Motion to Suspend the Rules to enable 802 EC telecon meeting Tuesday 30 April noon-12:30pm ET
Dear Paul,
I do not recall exactly when it was discussed before. It was during the time when Matt and I were vice-chairs because I remember him participating in the discussion. The rationale was that the P&P is the highest IEEE 802 specific rules document and therefore are equivalent to our charter, constitution or bylaws and therefore not subject to suspension. One could also now make the argument that the P&P require approval by AudCom to go into effect. A suspension of them by a vote of the EC wouldn’t have approval by the body that had to approve the P&P. If we can’t approve something by ourselves, I don’t think we can suspend it. (The discussion I recall probably happened before AudCom approval was required because I remember the point being made when we were dividing the old P&P into a P&P and an OM that the division would allow us to vote to suspend OM rules).
The previous version of our P&P, i.e. the one from 2010, did not have the meeting notice requirement. Therefore when that was in effect the Chair’s Guideline 2.12 was valid. The Chair’s guidelines are subsidiary to our P&P. Therefore, they cannot contradict or override a requirement in the P&P. The IEEE 802 P&P adopted on December 5, 2012 added the notice requirement that Geoff quoted below. When that was approved, Chair’s guideline 2.12 became invalid because it conflicted with the P&P.
Regards,
Pat
Do you recall when it was concluded the P&P were equivalent to bylaws and what the rationale was that led to that conclusion? This is an important point that I would like clarification on.
Regarding the approval threshold, I agree a 2/3 vote is appropriate.
By the way, I forgot that we have in the Chair's guideline 2.12 IEEE 802 EC Interim telecon meetings the following text:
7. Urgent EC Teleconference Meeting Exception:
On rare occasions, there may be a need for an Urgent EC Meeting by teleconference to address
unexpected circumstances that require a quick response. If the Sponsor Chair decides an urgent EC
meeting is in order, the notification requirement may be as little as 24 hours
I would be willing to invoke the Chair's Guideline in this instance, but only if there are no objections.
------ Original Message ------
Sent: 4/22/2013 9:07:48 PM
Subject: RE: [802SEC] Motion to Suspend the Rules to enable 802 EC telecon meeting Tuesday 30 April noon-12:30pm ET
Paul,
Unfortunately, I don’t think that a motion to suspend is allowed for a rule in our P&P:
From Robert’s Rules of Order 25 Suspend the rules on when the motion to Suspend the Rules can be used:
Can be applied to any rule of the assembly except bylaws* (or rules contained in a constitution or corporate [page 253] charter).
When the subject has come up before, our P&P were considered to be equivalent to bylaws. A motion to suspend would be applicable to a rule that is in our OM (probably with a 2/3 vote required to approve).
Regards,
Pat
From: ***** IEEE 802 Executive Committee List ***** [mailto:STDS-802-SEC@ieee.org] On Behalf Of Paul Nikolich
Sent: Monday, April 22, 2013 2:22 PM
To: STDS-802-SEC@LISTSERV.IEEE.ORG
Subject: [802SEC] Motion to Suspend the Rules to enable 802 EC telecon meeting Tuesday 30 April noon-12:30pm ET
I will need a mover and seconder to make a Motion to Suspend the Sponsor meeting 30 day advance notice and 14 day agenda distribution requirements defined in section 6 Meetings of the IEEE 802 P&P (see below) in order to proceed with the teleconference. Are there any takers?
If a Motion to Suspend is made, we'll conduct an EC email ballot with early close provision. If the motion passes in time, we will hold the teleconference meeting. If not, we will delay action until at least 30 days from now.
------ Original Message ------
Sent: 4/22/2013 3:02:31 PM
Subject: Re: [802SEC] Notice of 802 EC telecon meeting Tuesday 30 April noon-12:30pm ET
Paul-
Please refer to our procedures:
====================================
6.0 Meetings
Sponsor meetings may be conducted either exclusively in-person or in-person with one or more participants contributing via electronic means, or exclusively via electronic means. Sponsor meetings shall be held, as decided by the Sponsor Chair, or by petition of 5 or more voting
members, to conduct business such as making assignments, receiving reports of work, progressing draft standards, resolving differences among subgroups, and considering views and objections from any source. A meeting notice shall be distributed to all members at least 30 days in advance of the meeting. A meeting agenda shall be distributed to all members at least 14 days in advance of the meeting. Meetings of subgroups may be held as decided upon by the members or Chair of the subgroup. Notification of the potential for action shall be included on any distributed agendas for meetings.
Note that all IEEE Standards development meetings are open to anyone who has a material interest and wishes to attend, however some meetings may occur in Executive Session (see Clause 6.3).
====================================
Your request for a meeting does not meet the notice requirement (N.B. "shall" not "should").
Respectfully,
Geoff
On 4/22/13 11:05 AM, Paul Nikolich wrote:
I want to convene an 802 Executive Committee telecon meeting Tuesday 30 April from noon-12:30 in executive session. The agenda is one item: decide on the Meeting Manager Services Agreement.
We will hold the telecon meeting in executive session (instead of having a private EC email ballot) because of the concerns I've heard from some EC members regarding the best way to make a formal, yet non-public, EC decision because of the confidential nature of the Services Agreement.
All 802 EC members are invited to participate. Within the next day, I will send a private email to each 802 EC member with the teleconference details. Jon do the same with the latest revision of the Meeting Manager Service Agreement.
Since we've spent a fair amount of time on this topic I expect we will reach a decision at the teleconference quickly. I've budgeted 30 minutes, but expect that the meeting will be shorter.
I realize this is short notice, thank you for your flexibility on the timing of this meeting.
p.s. Please let me know (by reply email) that you are able to participate in the meeting (or not) within the next day. If we are unable to reach quorum I will reschedule.
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