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Re: [802SEC] Potential EC Motion



I agree with Bob ... An erroneous recording in the minutes should not impose
a change that did not, in fact, pass.

Again, I want to emphasize that I am NOT against coexistence ... I am simply
saying that a mistake was made and should be corrected.

Regards,
Carl
 

> -----Original Message-----
> From: ***** IEEE 802 Executive Committee List ***** 
> [mailto:STDS-802-SEC@ieee.org] On Behalf Of Bob O'Hara (boohara)
> Sent: Saturday, March 18, 2006 6:11 PM
> To: STDS-802-SEC@listserv.ieee.org
> Subject: Re: [802SEC] Potential EC Motion
> 
> Steve,
> 
> I still have to disagree with you that the motion passed in 
> November 2004.  Even if the wording was to count only those 
> EC members who voted, the tally ("Result: 8/2/5") shows that 
> 15 EC members voted.  Two thirds of those 15 voters, or 10 
> voters, would need to vote in favor of the motion for it to 
> pass.  Consequently, the motion failed, without regard to 
> what was recorded in the minutes or the ruling by the chair.
> 
> I believe we need Paul to participate in this thread and to 
> say that the motion actually failed.  The result should be 
> that the text currently in the P&P should be immediately 
> removed.  A new P&P change process would need to be started, 
> in order to include the text in some future update of the P&P.
> 
>  -Bob
>  
> -----Original Message-----
> From: ***** IEEE 802 Executive Committee List ***** 
> [mailto:STDS-802-SEC@ieee.org] On Behalf Of Shellhammer, Steve
> Sent: Saturday, March 18, 2006 2:39 PM
> To: STDS-802-SEC@listserv.ieee.org
> Subject: Re: [802SEC] Potential EC Motion
> 
> Hi Bill,
> 
> 	Actually the motion passed as was recorded in the 
> minutes.  We had a discussion of the rules at the time and 
> the interpretation was, as is stated in the rules at that 
> time, the motion required 2/3 of the EC members who voted.
> 
> 	By the way, the minutes of that meeting were approved 
> over a year ago at the March 2005 meeting.
> 
> 	Now that the rules have been modified any new motion 
> would require 2/3 of all EC members.
> 
> Regards,
> Steve
> 
> -----Original Message-----
> From: ***** IEEE 802 Executive Committee List ***** 
> [mailto:STDS-802-SEC@ieee.org] On Behalf Of Bill Quackenbush
> Sent: Friday, March 17, 2006 9:48 PM
> To: STDS-802-SEC@listserv.ieee.org
> Subject: Re: [802SEC] Potential EC Motion
> 
> Roger, et al,
> 
> Having been present at the 3/14/03 EC meeting and being the 
> one that requested the instruction "to change the text 'all 
> voting members of the Executive Committee' to 'all Executive 
> Committee members with voting rights' in clauses 3.6.2 and 
> 3.6.5" be included the motion, I believe that Roger's 
> reconstruction of the events is correct.
> 
> I requested the instruction be included to eliminate the 
> potential ambiguity of the phrase 'all voting members of the 
> Executive Committee'
> that occurred 4 times in sections 3.6.2 and 3.6.5 of the text 
> that Mat presented for approval.  The subsequent editing of 
> the P&P text to incorporate the approved changes was 
> incomplete resulting in the ambiguous phrase 'two thirds of 
> all voting Executive Committee members with voting rights' 
> appearing in the second paragraph of section 3.6.5 as Roger 
> has observed.
> 
> So it appears to me that the question is what is the status 
> of unapproved text in the published version of the P&P.  Does 
> the unapproved text acquire standing and take precedence over 
> the approved text because the unapproved text was published 
> or does only approved text have standing?
> 
> Best regards,
> 
> Bill Q.
> 
> "Roger B. Marks" wrote:
> > 
> > I've done a little research as to how the 2/3 rule has 
> evolved. Kind 
> > of long, but interesting.
> > 
> > The "old" rule (valid up through at least the JULY 12, 2002 
> revision)
> said:
> > 
> > "LMSC approval shall require the affirmative vote of at least two 
> > thirds of all voting members of the Executive Committee."
> > 
> > At the SEC meeting of 14 March 2003, we were presented with 
> a ballot 
> > resolution that would change the text to:
> > 
> > "LMSC approval of the revised text of the proposed Policies and 
> > Procedures change shall require the affirmative vote of at 
> least two 
> > thirds of all voting members of the Executive Committee."
> > 
> > However, the EC appears to have been concerned about possible 
> > ambiguity here, because it approved the rule change with a
> > modification:
> > 
> > "Motion: to approve the rule change for SEC Electronic Ballots with 
> > instruction to change the text 'all voting members of the Executive 
> > Committee' to 'all Executive Committee members with voting 
> rights' in 
> > clauses 3.6.2 and 3.6.5.  Moved: Mat Sherman/Buzz Rigsbee  Passes:
> > 10/0/2". [The text under discussion was in 3.6.5]
> > 
> > So, by my reckoning, the rule became:
> > 
> > "LMSC approval of the revised text of the proposed Policies and 
> > Procedures change shall require the affirmative vote of at 
> least two 
> > thirds of all Executive Committee members with voting rights."
> > 
> > There is a problem, however. The P&P issued as effective MARCH 14,
> > 2003 says the following:
> > 
> > "LMSC approval of the revised text of the proposed Policies and 
> > Procedures change shall require the affirmative vote of at 
> least two 
> > thirds of all voting Executive Committee members with 
> voting rights."
> > 
> > As you can see, whoever edited the rules change forgot to 
> delete the 
> > first instance of the word "voting". Therefore, the 
> ambiguity that the 
> > SEC sought to remove remained in the P&P. The erroneous 
> text remained 
> > through 2004.
> > 
> > The situation cleared again in the MARCH 21, 2005 revision:
> > "LMSC approval of the revised text of the proposed P&P 
> revision shall 
> > require the affirmative vote of at least two-thirds of all 
> EC members 
> > with voting rights (regardless of whether they are  present)."
> > 
> > which is where we stand today.
> > 
> > Fascinating history.
> > 
> > To me, the application of the CA issue is clear. To Bob O'Hara, our 
> > resident parliamentarian, the denominator [using the 
> language in the 
> > P&P at the time] includes abstains. There seems to be some 
> > disagreement about this interpretation. However, there is only one 
> > possible interpretation of the rule that was actually in force - 
> > although not stated corrected in the P&P. Under the rule 
> that was in 
> > force, the coexistence text was NOT approved.
> > 
> > Roger
> > 
> > At 04:01 PM -0800 06/03/16, Bob O'Hara (boohara) wrote:
> > >Pat,
> > >
> > >The wording of the proportion required for approval is the same in
> both
> > >the November 2004 and current P&P.  I believe that the 
> quote from the 
> > >P&P "two thirds of all voting EC members with voting rights" is 
> > >pretty clearly stating that the denominator is
> to
> > >be the total number of votes (Y + N + abstain).  If this 
> were not the 
> > >requirement, the statement would be that a "2/3 majority" 
> is required 
> > >for approval.
> > >
> > >So, I stand by my earlier interpretation that the motion actually
> failed
> > >in November.
> > >
> > >
> > >  -Bob
> > >
> > >-----Original Message-----
> > >From: STDS-802-SEC@ieee.org [mailto:STDS-802-SEC@ieee.org] 
> On Behalf
> Of
> > >Pat Thaler
> > >Sent: Thursday, March 16, 2006 3:56 PM
> > >To: STDS-802-SEC@listserv.ieee.org
> > >Subject: Re: [802SEC] Potential EC Motion
> > >
> > >Steve,
> > >
> > >Thanks, I would read that old text "two thirds of all voting EC
> members
> > >with voting rights" to mean yes votes are at least 2/3 of 
> yes plus no 
> > >votes. In Robert's Rules, an abstain normally isn't a vote, we
> usually
> > >use y/(y+n) and we are usually very careful to state when we are 
> > >requiring a vote of y over total voting membership.
> > >
> > >Pat
> > >
> > >-----Original Message-----
> > >From: Shellhammer, Steve [mailto:sshellha@qualcomm.com]
> > >Sent: Thursday, March 16, 2006 3:31 PM
> > >To: Pat Thaler; ***** IEEE 802 Executive Committee List *****; 
> > >STDS-802-SEC@listserv.ieee.org
> > >Subject: RE: [802SEC] Potential EC Motion
> > >
> > >Pat,
> > >
> > >       I was actually quoting from the November 2004 
> rules, which I 
> > >happened to have on my PC.  It is attached.  I think I had 
> that one 
> > >around since I was participating in making rules changes back then.
> Boy
> > >the good old days. :)
> > >
> > >       Looks like the current rules have been clarified.
> > >
> > >Regards,
> > >Steve
> > >
> > >-----Original Message-----
> > >From: Pat Thaler [mailto:pthaler@broadcom.com]
> > >Sent: Thursday, March 16, 2006 3:17 PM
> > >To: ***** IEEE 802 Executive Committee List *****; Shellhammer,
> Steve;
> > >STDS-802-SEC@listserv.ieee.org
> > >Subject: RE: [802SEC] Potential EC Motion
> > >
> > >Steve,
> > >
> > >I don't see the text you quote in our current P&P. Are you quoting
> from
> > >the version in effect at the time of the rules change. (I 
> recall that
> we
> > >have had a rules change on the rules change section so this change
> may
> > >not have been done under the current P&P.)
> > >
> > >In the current P&P, I see two meeting votes on a rules change:
> > >One to send it out for ballot requiring "the affirmative 
> vote of at 
> > >least two-thirds of Committee members with voting rights 
> who vote to 
> > >approve or disapprove". That is clear even if wordy - pass criteria
> is
> > >Y/(Y+N).
> > >
> > >One for final approval of the change which requires "the 
> affirmative 
> > >vote of at least two-thirds of all EC members with voting rights 
> > >(regardless of whether they are present)." That is clearly 
> Y/(total 
> > >number of EC members with voting rights) even if they don't vote or
> even
> > >aren't present.
> > >
> > >Pat
> > >
> > >-----Original Message-----
> > >From: ***** IEEE 802 Executive Committee List ***** 
> > >[mailto:STDS-802-SEC@ieee.org] On Behalf Of Shellhammer, Steve
> > >Sent: Thursday, March 16, 2006 2:41 PM
> > >To: STDS-802-SEC@listserv.ieee.org
> > >Subject: Re: [802SEC] Potential EC Motion
> > >
> > >It sounds like the idea of the motion is not the correct 
> procedure so
> I
> > >will not bring such a motion to the EC.  Guess we will stick with
> Paul's
> > >interpretation.
> > >
> > >In terms of the original motion to make the rules change 
> the 802 P&P 
> > >states
> > >
> > >"LMSC approval of the revised text of the proposed Policies and 
> > >Procedures change shall require the affirmative vote of at 
> least two 
> > >thirds of all voting Executive Committee members with 
> voting rights."
> > >
> > >The motion passed based on having at least two thirds 
> affirmative of 
> > >"voting EC members with voting rights."  I assume that "voting EC 
> > >members" means those EC members that voted.  By the way, who writes
> this
> > >stuff?  :)
> > >
> > >       I think adding a definitions section to the rules and
> clarifying
> > >these ambiguous rules is worth doing.
> > >
> > >Steve
> > >
> > >
> > >-----Original Message-----
> > >From: ***** IEEE 802 Executive Committee List ***** 
> > >[mailto:STDS-802-SEC@ieee.org] On Behalf Of Bob O'Hara (boohara)
> > >Sent: Thursday, March 16, 2006 2:27 PM
> > >To: STDS-802-SEC@listserv.ieee.org
> > >Subject: Re: [802SEC] Potential EC Motion
> > >
> > >From a parliamentary procedure point of view, I would have to agree
> with
> > >Roger that having a motion have the same effect as our 
> Policies and 
> > >Procedures is not the correct thing to do.  If the point 
> of the new 
> > >procedure was supposed to be that all work, including that already 
> > >established before the adoption of the new procedure, was to be
> affected
> > >by the new procedure, the new procedure should have stated that.
> Since
> > >it didn't include such language and specifically describes 
> the use of 
> > >the five criteria document as part of the procedure, it clearly
> exempts
> > >those projects that existed prior to the adoption of the new
> procedure
> > >from the needing to implement that procedure.
> > >
> > >Regarding Roger's question as to whether the motion 
> establishing this 
> > >procedure actually passed, I can't be certain.  According to the
> current
> > >P&P, 2/3 of all EC members with voting rights must approve a P&P
> change.
> > >By this measure, the motion did not pass, achieving only 8/15
> approval.
> > >However, I don't know if the language of this clause (7.1.5.4) has 
> > >changed since the November 2004 session.
> > >
> > >  -Bob
> > >
> > >-----Original Message-----
> > >From: ***** IEEE 802 Executive Committee List ***** 
> > >[mailto:STDS-802-SEC@ieee.org] On Behalf Of Roger B. Marks
> > >Sent: Thursday, March 16, 2006 1:25 PM
> > >To: STDS-802-SEC@listserv.ieee.org
> > >Subject: Re: [802SEC] Potential EC Motion
> > >
> > >Steve,
> > >
> > >I would be opposed to this motion on coexistence 
> assurance, for the 
> > >following reasons:
> > >
> > >(1) The proposed motion seeks to, in effect, impose a new rule on
> WGs.
> > >Our rules are defined not by motion of the EC but by the P&P. If
> someone
> > >wants to impose a new rule, they ought to be proposing a 
> P&P change,
> not
> > >a motion. If an approved motion has the status of a rule, then our 
> > >process is broken.
> > >
> > >(2) The proposed motion (if approved and enforced) would 
> be adding a 
> > >completely new rule, not interpreting an existing rule. 
> The existing
> P&P
> > >says:
> > >
> > >*21 [Procedure for Coexistence Assurance] "If indicated in 
> the five 
> > >criteria, the wireless working group shall produce a coexistence 
> > >assurance (CA) document in the process of preparing for 
> working group 
> > >letter ballot and Sponsor ballot."
> > >
> > >The projects subject to this motion do NOT indicate in their Five 
> > >Criteria that a CA document will be produced. The language of
> Procedure
> > >21 is clear. It does NOT apply to those projects.
> > >
> > >(3) The proposed motion is out of character with the existing rule.
> > >The existing P&P, as part of the Five Criteria language, says:
> > >
> > >*17.5.4.1 "A working group proposing a wireless project is required
> to
> > >demonstrate coexistence through the preparation of a Coexistence 
> > >Assurance (CA) document unless it is not applicable... If 
> the Working 
> > >Group elects not to create a CA document, it will explain to the EC
> the
> > >reason the CA document is not applicable."
> > >
> > >In other words, for future projects, the existing P&P acknowledges
> that
> > >a CA document may or may not be applicable to wireless projects,
> leaving
> > >the WG with the opportunity to argue a position. The 
> proposed motion 
> > >would have the EC jump to its own conclusion that a CA document is 
> > >applicable to all of the pre-existing projects.
> > >
> > >
> > >On a related issue: I would like to better understand how 
> the CA got 
> > >into the P&P in the first place. The minutes of the EC meeting of
> Friday
> > >19 November 19 2004 state, under item 10.06: "Motion: to amend the
> 802
> > >P&P by applying document 19-04/0032r3 to the 802 P&P. Moved:
> > >Shellhammer/Sherman  Result: 8/2/5 Passes." However, I question
> whether
> > >a vote of 8/2/5 was sufficient to pass the motion. In my
> understanding,
> > >a change of P&P requires approval of 2/3 of the EC.
> > >Perhaps someone can explain the grounds for ruling that the motion
> was
> > >carried.
> > >
> > >Regards,
> > >
> > >Roger
> > >
> > >
> > >
> > >
> > >
> > >At 11:47 AM -0800 06/03/16, Shellhammer, Steve wrote:
> > >>IEEE 802 EC,
> > >>
> > >>
> > >>
> > >>              I have modified the motion that Ajay made at the
> Friday
> > >>closing plenary, with the intent to see if it is possible 
> to come to
> an
> > >
> > >>agreement on text that would be acceptable to the executive
> committee.
> > >>I will take comments on this text and if we can agree on 
> the text I
> > >will
> > >>run an electronic EC ballot on the resulting text, with Paul's 
> > >>permission.
> > >>
> > >>
> > >>
> > >>              Here is the text I drafted based on what I received
> from
> > >>Ajay.  Please send me and the rest of the EC your comments.
> > >>
> > >>
> > >>
> > >>CA Motion
> > >>
> > >>Any wireless project intended for unlicensed operation, 
> that could 
> > >>potentially cause interference to an 802 wireless standard, and
> whose
> > >>PAR was approved prior to November 2004 and begins working group
> letter
> > >
> > >>ballot after November 2004 shall produce a coexistence assurance 
> > >>document and distribute that CA document with working 
> group letter 
> > >>ballot and Sponsor ballot.
> > >>
> > >>
> > >>
> > >>Regards,
> > >>
> > >>Steve
> > >>
> 
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