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Subject: RE: [legalxml-sc] Election Results
From: "John M. Greacen" <>
To: <>,"'John Ruegg'" <>
Date: Mon, 23 May 2005 15:41:49 -0600
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
References:
Election Results
From: "Winters, Roger" <>
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