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Archiver > BOARD > 2005-09 > 1125889080


From: Jeffery Scism <>
Subject: Challenged seating
Date: Sun, 04 Sep 2005 19:58:00 -0700


DISCUSSION:

I originally made the challenge as a pending elected REP of the region
involved. (Sturgis states that a elected person is "elected" when the
election results are announced, and THAT has nothing to do with when
that person is "installed", the person is already "elected", thus George
had been "elected" when he originally resigned, and I had been Elected
to represent the SAME region, under the same rule in Sturgis. We were
both awaiting installation.)

Based on my interpretation I had a right to represent that particular
electorate, as the SCs are all CCs in that region as well, "my" and
Jan's constituents.

FRED although a member in the Project is not a constituent of the
effected area, and should not be in position to Challenge that election.
It would be like a NON CC member of Special Projects challenging a CC
rep's seating in a far away region, (example) GROUNDS fr the challenge
would be that the situation which is being challenged would CHANGE the
results of the election. The election was already "in the Books" and
certified, so the position was an elected representative who had
resigned AFTER the election was certified.

The Guide specified that a Officer vacancy, if known by The President
(NC) and/or the Board should be filled by a Meeting, Convention or
Election BEFORE an appointment becomes necessary IF the resignation
takes place BEFORE the first meeting of the term, if Time allows.

At the time of the original challenge there was time (5 days) before the
term was scheduled to begin, and ample time to poll the electorate. The
then NC refused to accept the challenge and announced a GAG on the non
business official list, USGenWeb-Discuss. The Issue was not debated
(publicly) and her (rude) response was not accepted as an official
"ruling" as she had already unilaterally adjourned both deliberative
lists and shut down the access.

Because there would be no possibility of getting an official meeting
together, The RAL-elect, Mike St. Clair volunteered to survey the
electorate, and see which way they WANTED to go. I appealed to them via
the USGenWeb-NE-L, as well to meet and decide.

Enough of the SCs and ASCs n the region responded to mike (10/1) in
favor of reseating George, that I decided to withdraw the challenge as
being in opposition to what my members wanted.

I announced he withdrawal and the reasons why.

Fred Smoot copied my challenge and re-broadcast it under his name. It
took me two days to realize he was reissuing a new challenge as a copy
of mine.

MY Conclusions:

Fred's Challenge is without merit. His constituency is not effectively
influenced by the NE/NC SC rep election, which he is not a party to,
each elector only votes on the region they are members of.

The previous NC had already accepted (informally without a vote) the
reinstatement of George Waller as the elected person.

The original Challenge was not a board issue, not accepted, and the
reissue comes from outside the view of the election, hence there is NO
VALID CHALLENGE PENDING.



--
~~

Jeffery G. Scism, IBSSG

"Ranting and Raving" a description of any discussion that you do not agree with, and the characterization you wish to promote upon anyone whose views are different from yours.


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