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Subject: RE: [legalxml-sc] Election Results
From: "Bergeron, Donald L. (LNG-DAY)" <>
To: "'Debi Miller-Moore'" <>, , , John Ruegg <>
Date: Tue, 24 May 2005 11:20:39 -0400
Sounds fine to me as well.
Regards,
Don
Donald L. Bergeron
Systems Designer
LexisNexis
O 937-865-1276
H 937-748-2775
M 937-672-7781
From: Debi
Miller-Moore [mailto:]
Sent: Tuesday, May 24, 2005 11:14
AM
To: ;
; John Ruegg
Subject: RE: [legalxml-sc]
Election Results
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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