[Lnc-business] process for removal of non-LNC member of COC

Alicia Mattson alicia.mattson at lp.org
Sat May 30 01:39:28 EDT 2020


Earlier today I wrote this:

"I want to point out that though LNC policy gives the LNC chair the power
to select which of the COC members is chair, the same policy says that the
LNC Chair's appoints the non-LNC persons to the COC only with the consent
of the COC.  He has unilateral power to remove committee appointments that
he unilaterally made, but he did not unilaterally appoint Mr. Hayes to be a
COC member.  The LNC members on the COC also had to approve Mr. Hayes'
appointment.  In such a case, I would like to hear the argument for why he
can unilaterally remove him from the committee if the COC does not agree."

I just noticed that extra apostrophe-s combo in there...incomplete edit.

This was at the bottom of another email, and I'm moving this to its own
thread so it is less likely to be overlooked.  I haven't yet heard a
counter-argument, but I want to add to my point.

We have two entities here which jointly appoint non-LNC members to the
COC.  RONR addresses removal when an appointment is made by one person.
RONR addresses removal when it's made by an assembly like the LNC.  It
doesn't really go into the scenario in which two entities have to agree for
an appointment.

What's the most reasonable approach for how such an appointment is reversed?

If the two entities are considered together to be the appointing body, one
entity is not a majority of the appointing body.  Both entities have to
agree to get to that majority threshold for the appointment.

To reverse an appointment requires a motion to Rescind or to Amend
Something Previously Adopted.  These require a majority with notice, a
majority of the entire membership, or a 2/3 vote.  None of these thresholds
can be met with just the LNC Chair without the COC.

If it requires action by both appointing entities to remove a non-LNC
member from the COC, then the COC should proceed with Mr. Hayes as a member
since we did not consent to his removal.

The chair seems to be taking the position that it requires consent from
both to appoint, therefore if one of the two entities later withdraws
consent, the appointment is reversed.  This is not consistent with how RONR
says committee appointments are reversed.  But the equal application of
this logic would say that, hypothetically speaking, if the COC removed its
consent for a different non-LNC member of the COC, that person would no
longer be on the committee, either, even if the Chair disagreed, right?  Or
if the LNC had made an LNC-member appointment with a 9-8 vote, that any of
the 9 could later withdraw their consent and reverse the outcome.  We all
know that one person can't later withdraw the deciding vote to unilaterally
kill a collective decision of the LNC.  Now that the question is squarely
in front of us and I'm having to develop a firm opinion about it, I'm
having trouble seeing the merits of this view of how our joint-appointment
policy works.

-Alicia


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