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Re: [802SEC] a new Chair's Guideline: 802 EC private letter ballot process

I don't believe that this process meets the IEEE's Executive Session Documentation and Guidelines
or (at least) we are on sufficiently uncertain ground that before such a procedure is put into place
the procedure should be vetted by counsel.

I hereby request that you do so.

Thank you,

On 4/5/13 8:41 AM, Paul Nikolich wrote:
Dear EC members,
As a result of the recent deliberations that the 802 EC has been engaged in it is my opinion the IEEE P&P is vague and/or silent regarding a 'private letter ballot' process.
Yet it is important for us to have such a process in order to make the occasional confidential decision outside our normal face-to-face meeting opportunities.  Therefore, I have defined the mechanics for the 802 EC to use in a private letter ballot process.   
The intent is to have this shall serve as a '802 Chair's Guideline' until our 2nd vice chair leads a more formal incorporation of a 'private letter ballot process' into the 802 set of rules. 
---Chair's Guideline: 802 EC private letter ballot process---
0) The 802 EC chair will decide if an 802 EC motion shall be conducted via a private letter ballot process for confidential reasons as defined in
1) The motion and duration of an 802 EC private letter ballot shall be made public by the 802 EC chair announcing it to the 802 EC reflector not later than the start of the ballot.
2) The discussion and voting shall occur via a private email distribution list in which the participants are limited to EC members and others as determined by the 802 EC Chair as appropriate.
3) The 802 EC Chair may conduct of the private email ballot or delegate it to an 802 EC member.  The 802 EC member conducting the ballot is responsible for confirming all parties defined in (2) have visibility to the private email discussion and voting. 
4) At the conclusion of the ballot, the vote results shall be tabulated and made public via the 802 EC reflector by the person conducting the ballot.
I believe the above complies with the IEEE 802 EC's openness and transparency requirements for conducting business related to confidential matters.  If I missed something--please feel free to suggest improvements.
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