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Subject: RE: [legalxml-sc] Election Results
From: "Debi Miller-Moore" <>
To: <>,<>,"John Ruegg" <>
Date: Tue, 24 May 2005 11:14:05 -0400
John, thanks for the explaining the terms I agree with your
recommendation. Debi
From: John M. Greacen
[mailto:]
Sent: Monday, May 23, 2005 5:42 PM
To: ;
'John Ruegg'
Subject: RE: [legalxml-sc]
Election Results
Congratulations and condolences to John Ruegg upon your
election to the Steering Committee. The same to for your narrowly avoiding
re-election!
The decision concerning our terms of office is a little
sticky. The currently serving at large members were elected at the end of
January 2004. We began serving one year terms in early February 2004.
Our OASIS Rules of Procedure include the following language
concerning the three at large members:
The election shall
be on an annual basis. “At large” members shall serve one-year
terms, and shall be eligible for election to no more than three successive
terms.
The ROP does not include the typical language that at large
members serve until their successors take office. One might argue that we have
been operating without the three at large members since February 1 because
their terms expired. One might also argue that our continuation in office
until our successors were elected could be implied from common and expected
general practice in nonprofit organizations.
The problem we face at the moment is with the three one year
term limitation. If we assume that Robin and I continued to serve from
February through May 2005 (and we have to because I authorized significant
expenditures during that time), then she and I cannot serve beyond January 31,
2007 – assuming we choose to run for a third term and are elected. That
suggests that the terms for the newly elected at large members be for the
remainder of the terms that began February 1, 2005 through January 31, 2006.
If we set the terms of the persons just elected to run from June 1, 2005
through May 31, 2006, then the next terms would be for the same period during
2006 and 2007 and Robin and I could only serve for 8 months of the next one
year terms. We could run, get elected, and resign our positions at the end of
January 2007. Or we could decide that we were not eligible to run because we
could not serve the full terms available.
The other side of the coin is the impact on John Ruegg. If
he serves a first term that begins now and ends on January 31, 2006, then he
will end up being able to serve three terms, but only a total of 32 rather than
36 months.
All things considered, I believe that we are better giving the
Member Section the flexibility of allowing Robin and me to run for third terms
– should that prove desirable personally and organizationally. To do
that we would declare that the just-elected at large members will serve for the
remainder of the “2005 term” which ends on January 31, 2006.
Although it leaves a four month “gap” from February through May, it
would be hard for someone to cry foul because Robin and I were re-elected and
that vote could be considered to ratify the actions we took during the “gap.”
And there was no “throw the rascals out movement” to deny a second term. I
do not believe that we can declare that the persons just elected in fact served
from February through the present, because the idea of “retroactive
elections” makes no sense and because John Ruegg would be held
accountable for matters in which he took no part.
Hence, I recommend that the Steering Committee declare that
Greacen, Gibson and Ruegg begin immediately to serve the remainder of terms
commencing on February 1, 2005 and terminating on January 31, 2006. I welcome
differing views.
Our first order of business should be to elect our officers
for the current term. We have two officers – a Chair and a Secretary.
In we
decided not to create the position of Vice Chair. Last year, we conducted the
election without much formality during the first meeting teleconference. I see
no particular need to do otherwise this year. I will prepare an agenda for the
next meeting – scheduled for noon June 8th Eastern time (the
second Wednesday of each month) and preside until new officers are elected by
the Steering Committee membership – unless I receive a request to proceed
in a different fashion. I am sure that a number of us will be together in at this time and
can conference in the other Steering Committee members for the meeting.
From: Winters, Roger
[mailto:]
Sent: Monday, May 23, 2005 12:53
PM
To:
Subject: [legalxml-sc] Election
Results
This is to let you, the Steering Committee, know the
results of the at-large election. I wanted to give you the results, see whether
there are any questions about the process, and seek direction on how you would
like to have the results formally acknowledged.
The ballot result, which I believe was emailed to the whole
Member Section, is:
- Robin Gibson received 18 Votes
- John Greacen received 22 Votes
- Dallas Powell received 13 Votes
-
John Ruegg received 14 Votes
This would mean that John Greacen, Robin Gibson, and John
Ruegg would be the three at-large members of the Steering Committee. We did not
discuss exactly when the "new term" would begin for the at-large
members. Since we were late in conducting this election, would it be appropriate
to have these terms commence immediately with the next Steering Committee
meeting?
I await the Steering Committee's guidance on how to
proceed.
Your obedient servant,
Roger
Roger Winters
Secretary, OASIS LegalXML
Member Section Steering Committee
and
Department of
Judicial Administration
Continuing Legal Education
(CLE) Coordinator
and
Programs and
Projects Manager
516 -609 MS: KCC-JA-0609
V: (206) 296-7838 F: (206) 296-0906
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