At 16:49 22-10-2012, The IAOC wrote:
The IAOC has reviewed BCP101 and concludes it does not handle this case very well. BCP101 says that if "an IAOC member abrogates his or her duties" the recall process in BCP10/RFC3777 may be used. The specific text is: IAOC members are subject to recall in the event that an IAOC member abrogates his or her duties or acts against the best interests of the IETF community. Any appointed IAOC member, including any appointed by the IAB, IESG, or ISOC Board of Trustees, may be recalled using the recall procedure defined in RFC 3777 [RFC3777]. IAOC members are not, however, subject to recall by the bodies that appointed them. If a vacancy occurs among the appointed members, this is filled by the appointing body for that position according to its procedures. The conditions for determining that a vacancy exist are not well-defined.
The above also affects the IETF Trust as the person is the Chair. The mid-term vacancy rules take effect when a sitting member is recalled from the open position. In other words the recall procedure can be used to determine the vacancy. The person was appointed by the community represented by NomCom. It would be problematic for the IAOC and IETF chairs to declare the position vacant.
Regards, -sm