Re: Question 1 about deadlock issue

[James M Galvin <galvin+ietf-nomcom@eListX.com>]

On Thu, 15 May 2003, RJ Atkinson wrote:

    Under the A/C/E approach, the CB must still take action -- hold a
    poll of the CB members.  So "inaction" is NOT at issue in any of
    these cases.

My concern is the text does not obligate them to report the results of
their poll, i.e., the phrase "considered to be rejected" is not strong
enough.

    The only difference here is whether the standard for approval is
    (at least 50% support) [as in B/D/F] or the standard for approval is
    (less than 50% reject) [as in A/C/E].

    You seem to be reading "inaction is permitted" into A/C/E, when in fact
    that is neither stated nor intended.  If you want to propose a sentence
    to clarify that the CB must hold a poll on each candidate to clarify
    that, please offer some clarifying text.

Fair enough.  I agree with your distinction.  Here's my suggestion.


Your original text:

    For a given nominee to be confirmed, at least one-half of the
    sitting members of the confirming bodies must agree to confirm that
    nominee.  Nominees that are not confirmed under this rule are
    considered to be rejected.


For completeness, here is the actual text from Page 10 of the current
draft:

       4.  The confirming bodies decide their consent according to a
           mechanism of their own choosing, which must ensure that at
           least one-half of the sitting members agree with the
           decision.

           At least one-half of the sitting members of the confirming
           bodies must agree to either confirm or reject each individual
           nominee.  The agreement must be decided within a reasonable
           timeframe. 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.


And here is what I propose:

       4.  The confirming bodies decide their consent according to a
           mechanism of their own choosing, which must ensure that at
           least one-half of the sitting members agree with the
	   confirmation.

           At least one-half of the sitting members of the confirming
           bodies must agree to confirm each individual candidate.  The
           agreement must be decided within a reasonable timeframe.
           Candidates that are not confirmed under this rule must be
           rejected and reported as such to the nominating committee.

	   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.


Jim