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Re: [802SEC] 802.20 appeal panel action: plan for EC action


My reading of Ms. Gorman's response to Paul's question on
indemnification is that EC members are in fact NOT indemnified by the
IEEE regardless of any claim to the contrary.  Not knowing until after
the fact whether your reasons for taking an action are later judged to
be "rational and not arbitrary, illegal, or defamatory", which is a
subjective judgment,  means that any claimed indemnification cannot be
counted on and is therefore effectively nonexistent.



> Paul Nikolich wrote:
> Dear EC members,
> This note is intended to clarify the responsibliies and
> indemnification rights of EC members regarding the 802.20 appeal panel
> action. It also defines a process to implement the CS-SAB appeal panel
> action.
> 1) Geoff and I did not fully agree with with the appeal panel findings
> and actions and asked the IEEE-SA if we (and the EC) could get support
> to appeal the appeal.   We were notifyied that, as officers of 802,
> we, nor any EC member, can appeal the panel's findings or action.  The
> EC simply must implement the action.  This directive was unexpected by
> me, hence may be unexpected by other members of the EC.  If you
> require a more detailed, in depth explanation, you must discuss it
> directly with Judy Gorman.
> 2) As a result of the directive in (1) above,  the EC shall hold a
> separate reconfirmation vote for each candidate.
> 3) The current slate of opening EC agenda items is scheduled to be
> complete at 10AM.  I will place confirmation votes on the opening EC
> meeting agenda to start at 10AM, which give us 30 minutes to complete
> this as the last items on the agenda, (10 minutes per candidate.)
> 4) To comply with the appeal panel direction to document the rationale
> for non-confirmation,  the vote will be conducted via secret paper
> ballot.  Each non-confirmation vote must be accompanied by the
> rationale for the vote.  The ballot's will be tallied by an IEEE staff
> person (probably Karen Kinne).  If the candidate is confirmed, the
> ballots will be destroyed.   If the candidate is not confirmed each
> non-confirmation vote rationale will be entered into the minutes
> verbatim.    If confirmed, the candidates  take office at the end of
> the plenary session, as per the customary process followed in 802.
> 5) Given that the EC must hold a re-confirmation vote, and the outcome
> may be subject to appeal yet again,  I wanted be sure the EC members
> are indemnified by the IEEE-SA.  To that end, I requested the SA
> management unambigously define the terms and conditions under which
> the EC members will be indemnified.  This is to ensure the EC members
> fully understand any risks and liabilities associated with their
> participation in the re-confirmation vote.  The response from IEEE
> management is copied below.
> I believe the above points address the bulk of the concerns I am aware
> of and is the best and proper way to move forward on this matter.
> Regards,
> --Paul Nikolich
> Chairman, IEEE 802
> "----- Original Message -----
> From: <>
> To: <>
> Cc: <>; <>; <>;
> <>; <>;
> <>
> Sent: Thursday, November 06, 2003 1:30 PM
> Subject: Indemnification wrt IEEE P802.20 activity
> > Paul,
> > Below please find an answer to your question about indemnification.
> >
> > The members of the 802 SEC are indemnified as long as they follow
> the
> > rules. Further, while their discretion and care in how they
> formulate their
> > rationales are matters of personal preference,  if they want to
> avoid any
> > questions about indemnification, they should probably be very
> factual and
> > not subjective in the way they craft their rationales. IEEE in the
> end
> > makes choices about who and how much to insure. That is done by the
> > Insurance Committee in concert with the Executive Committee. Bottom
> line:
> > no one is absolutely assured of  full (meaning "insured through to
> the end
> > of the issue and its resolution") indemnification, even if he or she
> is
> > following all the rules and behaving completely ethically and
> perfectly. To
> > further clarify the matter of indemnification, if the SEC,  in
> failing to
> > confirm all or part of the slate of officers, acts in an arbitrary,
> > illegal, or potentially defamatory fashion, indemnification would be
> > questionable.  As officers, it is anticipated that they will carry
> out
> > their duties responsibly and rationally.  These duties include
> whether or
> > not to confirm a slate of officers, and their decision must be
> rational and
> > not arbitrary, illegal, or defamatory.
> > I hope this helps.
> >
> > Best,
> > Judy