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RE: [legalxml-sc] Proposed amendment to our ROP

From: Patrick Gannon
To: [email protected]
Date: Wed, 08 Jun 2005 18:50:00 -0000

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Subject: RE: [legalxml-sc] Proposed amendment to our ROP

From: "Patrick Gannon" <[email protected]>
To: <[email protected]>
Date: Wed, 8 Jun 2005 14:49:46 -0400

John,

My apologies for not getting this to you earlier this week. Attached is the LegalXML Member Section Rules of Procedure (RoP) that was approved by the OASIS Board of Directors on Friday, 3 June.

There were a few questions about the addition of the ABA representative to the LegalXML MS SC just so the Board Directors could understand the rational, but no objections. So Rolly Chambers, as the designated ABA rep, can now be considered a full voting member of the Steering Committee.

There was further dialog by Board Directors about the existing Section 2.c. of the RoP which was now in conflict with the current OASIS IPR Policy, as any new LegalXML TCs formed in the future would not be able to use the language described in Section 2.c.; they would need to select one of the IPR modes in their TC Charter. As you discussed with the Board at the OASIS Board meeting on 27 April, the LegalXML MS SC was planning to modify section 2.c. of the RoP. So, given that the text in Section 2.c. was no longer appropriate and that the SC is planning to develop new language to replace that section, the Board felt that it would be best to delete the that language from the RoP in this version of the RoP. Jamie and I will be glad to work with the SC on crafting revised language, if you still feel there is a need to have an explicit declaration in the RoP.

We discussed the option of sending back the RoP to the LegalXML MS SC as "unapproved" due to the Section 2.c. language, with the request to the SC to remove the Section 2.c. language and re-submit. But since there was an urgency to get the RoP approved with the addition of the ABA rep section, the Board felt that the most expedient action was to simple approve a set of resolutions that removed Section 2.c. and approved the addition of the ABA rep. So, while another round of consultation with the SC would have been a more amenable process, it appeared that time was important to get the change approved to add the ABA rep, then let the full SC discuss follow-on changes to the RoP. I trust that you and the LegalXML MS SC will accept this action, get your full set of SC members active and work with staff to decide what, if any, further changes may need to be made to the RoP.

There was also a suggestion from the Board Directors that the webpage which lists the LegalXML MS SC members also indicate the type of SC member (elected at large, TC rep, or appointed as in the case of the ABA rep). This suggestion was seen as a way to help the LegalXML MS members understand how they are being represented. Please be sure to send bios and photos of any new Steering Committee members to Carol, so she can have this page updated.

http://www.legalxml.org/governance/

Following is an excerpt from the draft minutes of the 3 June Board meeting with the resolutions passed by the Board.

3. Approval of the revised LegalXML RoP

Patrick Gannon presented a revised LegalXML RoP for review and approval. The requested change was to add a representative of the American Bar Association to the Member Section Steering Committee.

RESOLUTION 2005-06-03.02: RESOLVED, that the LegalXML Rules of Procedure are revised to add subsection 1.(b)iii., as documented in the draft, to add a representative of the American Bar Association to the Steering Committee.

RESOLUTION 2005-06-03.02a: (to amend) to delete section 2c from the RoP. Motion to amend passed by 7-1-2 vote.

Amended main motion passed unanimously.

Member section web pages should denote how the steering committee members are selected. For example, the pages should indicate whether the member is at-large, appointed, or as a designated representative of a TC.

</end of minutes>

Please let me know if you have any questions. Jamie and I will make every effort to attend your next SC call so that we can further discuss the RoP.

Patrick Gannon

From: John M. Greacen [mailto:[email protected]]
Sent: Tuesday, May 10, 2005 6:21 PM
To: Patrick Gannon; Jamie Clark
Cc: [email protected]
Subject: [legalxml-sc] Proposed amendment to our ROP

I attach a copy of our ROP showing a proposed change adding the American Bar Association designee to OASIS as an additional voting member of our Member Section Steering Committee. My understanding is that any changes to the ROP require approval by the OASIS Board of Directors. I hope that this proposal is viewed favorably by you and by the Board. Please let me know if you have any questions about the proposed change.

OASISLegalXMLRoP-20050603-wABAamend-OASIS Board Approved.doc