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Subject: Re: Re: Should the NomCom rules define CB voting behavior




--On tirsdag, april 01, 2003 13:57:36 -0500 Michael StJohns <mstjohns@mindspring.com> wrote:

I also am more than adamantly opposed to any underspecification of the
process which can lead to the PROCESS not completing.  For example, take
the interaction of the DT's proposed language leaving the process for
deciding how to confirm in the hands of the CB with the IAB's charter as
mentioned by Brian.  Its possible for two IAB members to prevent the
process from going forward. Period.  By that I don't mean that two IAB
members can prevent a confirmation of a selectee, I mean that two members
can prevent the IAB from making ANY decision for or against a selectee.
In the mid-term case, there's a timeout - if the CB doesn't act, the
person is considered confirmed.  In the normal case, no time out and no
way of forcing the issue.  And, without saying too much, this is not an
abstract issue.

Michael,

I don't believe your proposed amendment, or the current language in the document, fixes this problem. Both cases speak to a required majority to confirm; they don't speak to anything about how the CB decides that it has decided.

If someone is seriously filibustering the CB's decision, there are lots of ways to do that under almost *any* set of rules.

The brutal mechanism that would fix this problem is specifying what happens at timeout - in this case, "deadlock = confirmation" - that a CB that did not return a rejection notice within the deadline is assumed to have confirmed the slate.

While I think of that as a mechanism of last resort, I think it's actually structurally better than having the nomcom specify rules for the confirming bodies' consensus processing.

(The question of whether the IAB should document its rules for deciding on a nomcom slate is a separate matter - I think it should)

                    Harald



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