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Re: [802SEC] Motion to interpret P&P on Monday




Bob,

Comment 1: There is no P&P conflict on this issue. 5.1.2 applies only 
to "Initial appointments, and temporary appointments to fill 
vacancies due to resignations." So it doesn't apply to the cases 
considered here.

Remedy 1: Delete second paragraph of remedy.

Comment 2: The confirmation should be effective at the end of the 
meeting, not "immediately". That's our practice, to prevent the EC 
membership from shifting while in the middle of an EC meeting.

Remedy 2: See text below.

Roger


"Whereas,

The intent of the members of the LMSC Executive Committee is to 
encourage the smooth and efficient transfer of leadership when a 
Working Group or Technical Advisory Group elects new officers,

Therefore,

It is resolved that the interpretation of the LMSC Policies and 
Procedures is that an officer of a Working Group or Technical 
Advisory Group shall assume their office immediately
upon confirmation by the

[replace last line with "following the meeting at which the officer 
is confirmed by the"]

Executive Committee, according to section 3.2 of the Policies and 
Procedures. If such confirmation is of a Working Group or Technical 
Advisory Group chair, the chair shall immediately

[replace "immediately" with ", upon assuming Working Group office, "]

be seated as a member of the Executive Committee. The term of any 
prior officer shall terminate upon confirmation of an officer for the 
same position by the Executive Committee."


>I have read the sections that are in conflict in our Policies and
>Procedures.  They are section 3.2 and section 5.1.2.  These sections are
>both specific rules and do not allow an easy interpretation according to
>Robert's Rules, where a specific rule takes precedence over a
>conflicting, but general rule.  Unfortunately, this still leaves us with
>an ambiguous situation.  Therefore, I have crafted the motion below to
>remove the ambiguity that faces us in the current situation.
>
>If you have suggestions to improve the motion before we get to it on
>Monday morning (like via email before the rules meeting on Sunday
>night), please send those suggestions to me and I will try to
>incorporate them.  Please, limit your suggestions to the immediate
>situation and don't try to fix every possible conflict in the rules.
>
>Here is the motion I intend to make on Monday to interpret the apparent
>conflict in the policies and procedures.  I will modify the agenda to
>address this immediately before the confirmation motions on the 802.20
>elections.
>
>"Whereas,
>
>The intent of the members of the LMSC Executive Committee is to
>encourage the smooth and efficient transfer of leadership when a Working
>Group or Technical Advisory Group elects new officers, and
>
>There is a conflict in the Policies and Procedures of the LMSC that can
>prevent the smooth and efficient transfer of the leadership of a Working
>Group or Technical Advisory Group when the confirmation of the Working
>Group or Technical Advisory Group officers by the LMSC Executive
>Committee takes place at any other time than the closing meeting of the
>Executive Committee during a plenary session,
>
>Therefore,
>
>It is resolved that the interpretation of the LMSC Policies and
>Procedures is that an officer of a Working Group or Technical Advisory
>Group shall assume their office immediately upon confirmation by the
>Executive Committee, according to section 3.2 of the Policies and
>Procedures.  If such confirmation is of a Working Group or Technical
>Advisory Group chair, the chair shall immediately be seated as a member
>of the Executive Committee.  The term of any prior officer shall
>terminate upon confirmation of an officer for the same position by the
>Executive Committee."
>
>  -Bob
>
>Bob O'Hara
>Airespace, Inc.
>110 Nortech Parkway
>San Jose, CA 95134-2307
>
>Phone:       +1 408 635 2025
>Mobile:      +1 408 218 4025
>Fax:         +1 408 635 2020
>email:       bob@airespace.com
>