[NCUC-DISCUSS] Out of contact

Tapani Tarvainen ncuc at tapani.tarvainen.info
Thu Jun 27 09:35:13 CEST 2013


On Jun 26 11:21, Robin Gross (robin at ipjustice.org) wrote:

> I don't believe we should allow a seat to remain vacant. The
> membership very much needs "all hands on deck" in carrying out our
> workload and too much depends upon affirmative decisions and actions
> from the EC.

Agreed. But:

> So if a member of the EC resigns with less than 6 months remaining
> in his term, I'd support having the NCUC Chair make that temporary
> appointment after holding a consultation with the membership on the
> matter.

The bylaws do not give the Chair that power. There's no way to read it
so that Norbert both resigned voluntarily as per VII A and at the same
time was "deemed to resign" as per VII C, even if it was agreed (I don't)
that his limited participation was equivalent to failing to vote four
consequtive times.

The bylaws leave the matter open. As I see it, NCUC has only one
decision-making body, and that is the executive committee.
The bylaws do leave quite a lot of latitude for the Chair to act on
his own, but in this case it would mean the Chair making a decision
to extend his own powers, and that is very bad form, IMHO.

Having the EC do the same, i.e., to directly complement itself,
would be only marginally better.

I would suggest the closest to proper procedure here would be to have
the EC make a formal decision either to authorize the Chair to select
the new Asia representative or to organize a new election.
After hearing the membership, of course.

-- 
Tapani Tarvainen
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