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[802SEC] corrected & revised 802 Chair Interpretation of WG P&P 7.2 Voting Between Meetings



Dear 802 Executive Committee Members,

Based on Yvette's assertion IEEE Bylaw I-300.4(4) should be IEEE Bylaw I-300.4(5)**, I am correcting and revising the 802 Chair Interpretation of WG P&P 7.2 Voting Between Meetings as follows:

7.2 Voting Between Meetings
At the discretion of the Chair, the Working Group shall be allowed to conduct votes between
meetings by the use of a letter or electronic ballot. If such actions are to be taken, they shall
follow the rules of IEEE Bylaw I-300.4(4)*.

a) The reference to IEEE Bylaw I-300.4(4) should be updated to IEEE Bylaw I-300.4(5)**.  This will be fixed at the next WG P&P revision.

b) Given the corrected reference, I interpret WG P&P 7.2 Voting Between Meetings to mean the following:

A WG member may request the WG Chair to make a motion via email between meetings.  If the WG Chair recognizes the request and obtains a mover and seconder for the motion, the WG Chair (or his designee) may conduct an electronic ballot which shall pass upon majority consent of those participating provided a majority of the voting members on the committee respond.

James, we should put this interpretation into the 802 Chair's Guidelines as appropriate.

Regards,

--Paul

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
** IEEE Bylaw I-300.4.5 Second Paragraph (bold added by me):

For standards-developing committees within the IEEE Standards Association, unless a more restrictive requirement is specified in the governing documents of the committee, majority consent of those participating provided a majority of the voting members on the committee respond, shall be required to approve an action taken without a meeting

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
------ Original Message ------
From: "Yvette Ho Sang" <y.hosang@ieee.org>
To: STDS-802-SEC@listserv.ieee.org
Sent: 4/15/2019 1:58:57 PM
Subject: Re: [802SEC] 802 Chair Interpretation of WG P&P 7.2 Voting Between Meetings

All,

The reference is incorrect. It will be updated when the baselines are revised. The reference should be to  IEEE Bylaw I-300.4(5). You'll need to look at the interpretation in light of this reference change.

Regards,

Yve 



Yvette  Ho Sang, MBA, ARM
Director, IPR and Risk Mgmt
IEEE Standards Association
445 Hoes Lane
Piscataway, NJ 08854
Tel: +1 732 562 3814
Mobile: +1 732 690 9863
Fax: +1 732 562 1571

Fostering technological innovation and excellence for the benefit of humanity.


On Mon, Apr 15, 2019 at 1:27 PM Paul Nikolich <paul.nikolich@att.net> wrote:
Dear EC,

During discussions with Geoff and Apurva it has become apparent there is a need to interpret WG P&P 7.2 Voting Between Meetings.  The current text is as follows:

7.2 Voting Between Meetings
At the discretion of the Chair, the Working Group shall be allowed to conduct votes between
meetings by the use of a letter or electronic ballot. If such actions are to be taken, they shall
follow the rules of IEEE Bylaw I-300.4(4)*.

I interpret the above to mean the following:
A WG member may request the WG Chair to make a motion via email between meetings.  If the WG Chair recognizes the request and obtains a mover and seconder for the motion, the WG Chair (or his designee) may conduct an electronic ballot which shall pass upon unanimous consent of the WG voting members.

James, we should put this interpretation into the 802 Chair's Guidelines and add it to the queue for consideration of WG P&P changes.

Regards,

--Paul

*I-300.44) Unless otherwise restricted by statute, the Certificate of Incorporation of the corporation or these bylaws, any action required or permitted to be taken at a meeting of the Board of Directors or any committee or board reporting directly to the Board of Directors may be taken without a meeting if a unanimous consent, which sets forth the action, is signed, or acknowledged via e-mail by all members of the board or committee, as the case may be. If written, the consent must be executed by such party through signing such consent or causing his or her signature to be affixed to such consent by any reasonable means including, but not limited to, facsimile signature. If electronic, the transmission of the consent must be sent by electronic mail and set forth, or be submitted with, information from which it can be reasonably determined that the transmission was authorized by the director. The action and written confirmations shall be filed with the minutes of the proceedings of the board or committee.

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