Re: Just so I'm clear

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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@xxxxxxxxxxxxxxxxxxx (Noel Chiappa) wrote:

>> From: Doug Barton <dougb@xxxxxxxxxxxxx>
> 
>> 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.shore@xxxxxxxxx>
> 
>> 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



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