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Re: Just so I'm clear

2012-10-24 00:24:29
Yes but - 

The process you refer to deals with "temporary" incapacity where the office 
holder might not want to go away for a while.   And even then there's a process 
and a defined group of people who run that process.  (cf 25th amendment).  

I agree with you that removing him would be the simplest approach, but I can 
see possible situations where NOT following the process could lead us into 
legal trouble.  

Consider:  
1) Marshall sues because we've removed him and it caused him to lose an income 
opportunity.
2) Someone who does business with the IETF sues because he didn't like the 
outcome of a contracting action, and argues that the new and improved IAOC 
(minus marshall, plus a replacement) wasn't legitimate and didn't have the 
standing to sign a new contract.
3) someone sues the replacement for an action taken in conjunction with the 
IAOC and the insurance company denies liability coverage because the 
replacement wasn't legitimately appointed.

If we follow the documented procedures, those arguments lack foundation.  

I've made my points.  The IAOC will do what it will do.  

Sent from my iPad

On Oct 24, 2012, at 1:08, jnc(_at_)mercury(_dot_)lcs(_dot_)mit(_dot_)edu (Noel 
Chiappa) wrote:

From: Doug Barton <dougb(_at_)dougbarton(_dot_)us>

recalling someone from one of these positions _should_ be hard to do,
and should not be undertaken lightly.

No disagreement there - but we're not trying to recall him because of actions
he took, things he said, etc, etc.

Like I said, I think the US's federal constitution is a useful model here: it
has a very onerous process (impeachment and trial) with a high final bar
(2/3) for actions taken in response to what someone did/said, but a wholly
different, simpler and easier process (majority of Cabinet) for sidelining
someone because of incapacity.

And I doubt anyone here is seriously going to argue that Marshall is not
fulfulling his role...


From: Melinda Shore <melinda(_dot_)shore(_at_)gmail(_dot_)com>

I am curious to know whether or not there are people who feel that
Marshall shouldn't be considered to have quit IAOC. If there's nobody
who feels that way I'm personally great with going ahead without a
recall.

Exactly.

   Noel