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Re: [802SEC] forwarded message from Mark Klerer to EC reflector



Colleagues-

I believe that it was firmly established in the kerfuffle of the July '93 
EC meeting that a chair's vote at the EC is not bound by the views of the 
WG. Roger is not quite correct that the "Directed Position Procedure" is 
the "one and only tool" that "takes the voting decision out of the WG 
Chair's hands".

There are two means by which the WG can exert pressure on their chair to 
keep representation in line. Both of these were put in a reforms after July 
'93.

1) The "Directed Position Procedure" as mentioned by Roger (to manage 
things before the fact/act in anticipation of conflict).

2) Procedure 7.2.4.3 Removal of WG Chairs or Vice Chairs (as a threat 
before the fact and a remedy after the fact).

Since the EC has not been called upon and thus has made no determination of 
whether any entire WG is "conflicted vs. unconflicted" (although 
allegations have been made), it is my opinion that, at this point, directed 
positions would not de-disqualify any member of the EC from voting on 
802.20 matters. If anyone takes issue with this, I am afraid that the only 
appropriate place to go for an answer would be outside of 802, probably via 
the appeal process.

Geoff Thompson


At 03:13 PM 4/18/2008 , Roger B. Marks wrote:
>Paul,
>
>It seems to me that the philosophy here is that, when the WG Chair's vote 
>is based on the expressed opinion of the WG, then the Chair is voting not 
>as a potentially conflicted individual but as a group representative. In 
>this case, the WG Chair's affiliation is not relevant to the vote.
>
>I think this is an interesting approach, and I support it, under two 
>conditions:
>
>(1) Our P&P specifically defines the Directed Position procedure in which 
>a WG Chair is bound to support the WG position. Since this is the one and 
>only tool that takes the voting decision out of the WG Chair's hands, then 
>we should consider overriding the declared conflict only when the WG Chair 
>is bound by a Directed Position.
>
>(2) This condition is equally relevant to each member of the EC who serves 
>as a WG Chair. Any such EC member who is bound to a Directed Position will 
>be voting on that basis, not as a result of free choice that may be 
>subject to perceived conflict. Therefore, the rule ought to apply equally 
>to any EC member bound by a Directed Position.
>
>Roger
>
>
>On Apr 18, 2008, at 03:26 PM, Paul Nikolich wrote:
>
>>Dear EC,
>>
>>I'm sending this to the reflector on behalf of Mark Klerer.
>>
>>Regards,
>>
>>--Paul
>>
>>>
>>>
>>>----- Original Message ----- From: "Klerer, Mark"
>>><mklerer@qualcomm.com>
>>>To: <paul
>>>Sent: Friday, April 18, 2008 5:15 PM
>>>Subject: Re: tentative tally +++un-conflicted EC motions #1-Gilb,
>>>#2-Law, #3-Kraemer regarding their 802.20 UC-EC membership+++
>>>
>>>
>>>>I had sent out an e-mail to the reflector it does not seem to
>>>>have gone out
>>>>
>>>>It stated that you can classify me as conflicted but I would like
>>>>the authority to vote in accordance with the WG vote on any
>>>>motion brought forward on behalf of the WG were they had a vote
>>>>of more than 50%
>>>>
>>>>Mark
>>>>
>>>>----- Original Message -----
>>>>From: ***** IEEE 802 Executive Committee List ***** <STDS-802- 
>>>>SEC@LISTSERV.IEEE.ORG>
>>>>To: STDS-802-SEC@LISTSERV.IEEE.ORG <STDS-802-SEC@LISTSERV.IEEE.ORG>
>>>>Sent: Fri Apr 18 14:05:50 2008
>>>>Subject: tentative tally +++un-conflicted EC motions #1-Gilb, #2- Law, 
>>>>#3-Kraemer regarding their 802.20 UC-EC membership+++
>>>>
>>>>All,
>>>>
>>>>The tentative tally for the below motions #1-Gilb, #2-Law, #3- Kraemer 
>>>>regarding their 802.20 UC-EC membership is as follows.
>>>>Note: I am waiting for an UC-EC member to make a motion regarding
>>>>Mark Klerer's classification.
>>>>
>>>>(UC-EC voting members eligible to participate)
>>>>John Lemon--did not vote
>>>>John Hawkins-did not vote
>>>>Buzz Rigsbee--approves Gilb, Law and Kraemer
>>>>Mike Lynch--approves Gilb, Law and Kraemer
>>>>Tony Jeffree--approves Gilb, Law and Kraemer
>>>>Bob Heile--approves Gilb, Law and Kraemer
>>>>
>>>>Paul Nikolich--non voting unless tie
>>>>Geoff Thompson--non voting
>>>>
>>>>Regards,
>>>>
>>>>--Paul
>>>>
>>>>----- Original Message -----
>>>>From: "Paul Nikolich" <paul.nikolich@ATT.NET>
>>>>To: <STDS-802-SEC@LISTSERV.IEEE.ORG>
>>>>Sent: Wednesday, April 16, 2008 1:22 PM
>>>>Subject: [802SEC] +++un-conflicted EC motion #1 regarding 802.20++ 
>>>>+approve James Gilb as un-conflicted+++ closes not later than
>>>>26APR2008+++
>>>>
>>>>
>>>>Dear Unconflicted EC members,
>>>>
>>>>This is a 10 day email ballot of the UC-EC.  The ballot closes 24
>>>>hours after the sooner of when all eligible UC-EC voting members
>>>>(John Hawkins, Buzz Rigsbee, Mike Lynch, Tony Jeffree, Bob Heile,
>>>>John Lemon and Paul Nikolich (if needed to break a tie)) have
>>>>cast a ballot or  26APR2008.
>>>>
>>>>Motion: "Add  James Gilb to the Unconflicted EC"
>>>>Mover: Tony Jeffree
>>>>Seconder: Mike Lynch
>>>>
>>>>Regards,
>>>>
>>>>--Paul Nikolich
>>>>
>>>>----- Original Message -----
>>>>From: "Paul Nikolich" <paul.nikolich@ATT.NET>
>>>>To: <STDS-802-SEC@LISTSERV.IEEE.ORG>
>>>>Sent: Wednesday, April 16, 2008 1:22 PM
>>>>Subject: [802SEC] +++un-conflicted EC motion #2 regarding 802.20++ 
>>>>+approve David Law as un-conflicted+++ closes not later than
>>>>26APR2008+++
>>>>
>>>>
>>>>Dear Unconflicted EC members,
>>>>
>>>>This is a 10 day email ballot of the UC-EC.  The ballot closes 24
>>>>hours after the sooner of when all eligible UC-EC voting members
>>>>(John Hawkins, Buzz Rigsbee, Mike Lynch, Tony Jeffree, Bob Heile,
>>>>John Lemon and Paul Nikolich if needed to break a tie) have cast
>>>>a ballot or  26APR2008.
>>>>
>>>>Motion: "Add  David Law to the Unconflicted EC"
>>>>Mover: Tony Jeffree
>>>>Seconder: Mike Lynch
>>>>
>>>>Regards,
>>>>
>>>>--Paul Nikolich
>>>>
>>>>----- Original Message -----
>>>>From: "Paul Nikolich" <paul.nikolich@ATT.NET>
>>>>To: <STDS-802-SEC@LISTSERV.IEEE.ORG>
>>>>Sent: Wednesday, April 16, 2008 1:22 PM
>>>>Subject: [802SEC] +++un-conflicted EC motion #3 regarding 802.20++ 
>>>>+approve Bruce Kraemer as un-conflicted+++ closes not later than
>>>>26APR2008+++
>>>>
>>>>
>>>>Dear Unconflicted EC members,
>>>>
>>>>This is a 10 day email ballot of the UC-EC.  The ballot closes 24
>>>>hours after the sooner of when all eligible UC-EC voting members
>>>>(John Hawkins, Buzz Rigsbee, Mike Lynch, Tony Jeffree, Bob Heile,
>>>>John Lemon and Paul Nikolich if needed to break a tie) have cast
>>>>a ballot or  26APR2008.
>>>>
>>>>Motion: "Add  Bruce Kraemer to the Unconflicted EC"
>>>>Mover: Tony Jeffree
>>>>Seconder: Mike Lynch
>>>>
>>>>Regards,
>>>>
>>>>--Paul Nikolich
>>>>
>>>>----------
>>>>This email is sent from the 802 Executive Committee email
>>>>reflector. This list is maintained by Listserv.
>>
>>----------
>>This email is sent from the 802 Executive Committee email
>>reflector.  This list is maintained by Listserv.
>
>----------
>This email is sent from the 802 Executive Committee email reflector.  This 
>list is maintained by Listserv.

----------
This email is sent from the 802 Executive Committee email reflector.  This list is maintained by Listserv.