Notes from one member of the IAB on the current draft

[Michael StJohns <mstjohns@mindspring.com>]

Note: I do not subscribe to this list - please cc me on any relevant dialog.

The IAB encountered some issues with trying to follow RFC2727 during the 
confirmation process.  Without going into details inappropriate due to the 
confidentiality of that process, I would like to suggest some changes to 
the current draft.  While these changes originate mostly from me, other 
2002 IAB members have provided their input - e.g. input was not solicited 
from the new members of the IAB.

These suggested changes apply to 
draft 
http://www.ietf.org/internet-drafts/draft-ietf-nomcom-rfc2727bis-03.txt and 
are divided into two sections - procedure and policy.  Procedure deals with 
interpretations of existing rules, fixes ambiguities etc.  Policy delves 
into the realm of whys and wherefores.  The intent of the procedure 
comments is to eliminate some ambiguities in 2727 still not fixed in the 
referenced draft.  The intent of the policy comments is to place a stake 
where I personally believe certain interpretations should be taken.  Your 
mileage may vary.

Procedure:

>> In Definitions add to the "sitting member" definition at the end:

"For the purposes of this document, the phrase 'sitting members of the IAB' 
excludes the Chair of the IETF.  The chair of the IETF is a sitting member 
of the IESG and is nominated and confirmed as such."

>>In Definitions add the definitions of "qualified member"

"The term 'qualified members' means all the sitting members of a body minus 
any member who recuses him or herself for a particular question due to 
conflict of interest or for any other purpose. A sitting member MUST recuse 
or disqualify themselves from any question related to their own 
confirmation or tenure in office."

[NOTE:  The document should be reviewed and "qualified member" substituted 
for "sitting member" where appropriate]

>>Replace in section 3, paragraph 5  paragraph beginning "Fourth, the 
term... " with:

"Fourth, the term of the confirmed candidate will be either:

1.  The remainder of the term if the vacancy occurs before or at the end of 
the First IETF.
2.  The remainder of the term plus a full term if the vacancy occurs after 
the First IETF."

>>Section 3, paragraph 7, subparagraph 4 is deleted and replaced with"

"The confirming bodies decide their consent according to a mechanism of 
their own choosing, which must ensure that at least a majority of the 
qualified members confirm each nominee.

A majority of the qualified members of the confirming bodies must agree to 
confirm each individual nominee. The agreement must be decided within a 
reasonable time frame. The agreement may be decided by conducting a formal 
vote, by asserting consensus based on informal exchanges (email), or by 
whatever mechanism is used to conduct the normal business of the confirming 
body."

[The current language of half accepting or half rejecting can hang either 
by having half both accept and reject, or by not having either half accept 
or reject.  This language repairs that problem]

>>Insert in section 3 as last paragraph -  8.

"With the exception of the IESG chair who is also, by rule, a member of the 
IAB, and except as provided in section 3 paragraph 4 (i.e. overlaps during 
the First IETF) a person may not simultaneously hold membership in both the 
IAB and the IESG. Any member of one body who is appointed to the other body 
as a result of the annual Nomcom process vacates their position on the 
first body no later than the end of the First IETF. Any member of one body 
who is appointed to the other as a result of a mid-term vacancy vacates 
their position on the first body immediately upon confirmation to the 
second body."



>>Insert in section 3 as paragraph 6 and renumber all subsequent paragraphs:

"Nomcom-caused Mid-term Vacancies:

From time to time the Nomcom may propose moving a serving Area Director or 
IAB member from one position to another. (E.g. moving a Transport AD to 
cover O&M). If the serving member is at the end of their normal term there 
is no change in procedures. Otherwise, this is treated as a mid-term 
vacancy and mid-term procedures are used with the following exceptions:

a) If the vacancy will occur on the IAB due to a move from the IAB to the 
IESG, the Nomcom may, upon confirmation of nominee/IAB member, submit for 
confirmation as part of the normal slate of candidates another nominee to 
complete the term of the departing IAB member. If the Nomcom declines to 
nominate a replacement as part of the annual process, the IAB may, at any 
time after the confirmation of the departing member, ask the Nomcom to fill 
the slot using mid-term procedures.

b) If the vacancy will occur on the IESG, either as a move to another IESG 
slot or as a move to the IAB, the Nomcom must use mid-term procedure rules. 
Most importantly, they must advertise the vacancy, and must consider all 
new candidates as equitably as any previously considered. The IESG chair is 
responsible for notifying the IETF Executive director of the vacancy and 
who in turn is responsible for asking the Nomcom select the replacement. 
The Nomcom is explicitly barred from proceeding without an explicit request 
from the IESG chair. The term of the nominee shall be for the remainder of 
the term of the vacated position."


>>Insert at end of section 3 as paragraph 9:

[Note: the actual issue is that there is no succession plan or backup for 
the IETF chair unlike all other positions in the IETF.  It may be 
sufficient to say that the IESG selects an interim or that the position 
remains vacant, but it needs to be stated. The following paragraph builds 
on the current practice that the IAB confirms the IESG - it may not be 
appropriate for an interim appointment.]

If the IESG Chair position becomes vacant for any reason, the IAB shall 
appoint an acting IESG Chair from among those sitting members of the IESG 
who specifically remove themselves from consideration as a permanent 
replacement for the Chair and indicate a willingness to serve, or if none 
remove themselves or none indicate a willingness to serve, from the IESG as 
a whole. The IAB shall select the chair by simple majority vote of the 
qualified IAB members. If no candidate receives a majority of the votes, 
the selection will be repeated considering only those candidates who 
received the two highest number of votes. In the event no candidate 
receives a majority of votes, the candidate with the most number of votes 
shall be selected. In the event of a tie, the IAB chair shall direct who 
shall be selected from those candidates with the most number of votes. This 
selection shall be accomplished as expeditiously as possible, but not later 
than one week after the vacancy.

The acting Chair shall serve until the Nomcom completes the nomination 
process and until the IAB confirms the nominee.

>>Policy:

[These relate to state of mind and intentions of the confirming bodies and 
may or may not be reasonable statements of the charge given to each 
confirming body for its part in the Nomcom process.  More than the 
procedure section, these mostly represent my stake in the ground rather 
than a coordinated position of the IAB]

>>Add to end of Section 3, paragraph 7 subparagraph 4 as amended above:

"Each qualified member may base their decision on confirmation on any or 
all of: their own knowledge of the candidate; information provided by the 
Nomcom in support of the nomination; information provided by other members 
during discussion of the candidate; and their personal understanding of the 
requirements of the position. Confirmation should not be a rubber stamp of 
the Nomcom's selections, but a reasoned and reasonable consideration of the 
nominee's qualifications for the position. A vote to confirm is an 
affirmative action which should indicate the member's confidence in the 
ability of the nominee to accomplish the goals of the position and the work 
of the IETF."

>>Replace section 3, paragraph 7 sub paragraph 3 paragraph beginning "If 
some or none..." with:

"The confirming body may ask for additional information about a nominee 
from the Nomcom to assist them in their deliberations. However, both the 
confirming body and Nomcom should refrain from discussions of the 
availability, qualification or characteristics of other possible candidates 
for the position."