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

[Caryn Ann Harlos]

And while there is an appeal, he cannot be considered to be removed from
the committee.

On Sat, May 30, 2020 at 12:17 AM Caryn Ann Harlos <caryn.ann.harlos at lp.org>
wrote:

> In the case of balance of powers, which is the case here, I believe Ms
> Mattson is correct and Mr Hayes is still on the committee.
>
> The Chair can unilaterally remove him as chair but not remove from the
> committee.
>
> If the chair is ruling he can, I appeal the ruling of the chair.
>
> On Fri, May 29, 2020 at 11:50 PM justin.odonnell--- via Lnc-business <
> lnc-business at hq.lp.org> wrote:
>
>> Perhaps it would be easier to define the arrangement more similarly to
>> the "advise and consent" role the United States Senate takes in matters of
>> judicial and cabinet position appointments. The President is the ultimate
>> appointing authority, yet the Senate retains the rjght to advise and
>> consent, with their confirmation process.
>>
>> Justin O'Donnell
>> LNC Region 8 Representative
>>
>> On May 30, 2020 1:39 AM, Alicia Mattson via Lnc-business <
>> lnc-business at hq.lp.org> wrote:
>>
>> 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
>>
>>
>> --
>
> *In Liberty,*
>
> * Personal Note:  I have what is commonly known as Asperger's Syndrome
> (part of the autism spectrum).  This can affect inter-personal
> communication skills in both personal and electronic arenas.  If anyone
> found anything offensive or overly off-putting (or some other social faux
> pas), please contact me privately and let me know. *
>
> --

*In Liberty,*

* Personal Note:  I have what is commonly known as Asperger's Syndrome
(part of the autism spectrum).  This can affect inter-personal
communication skills in both personal and electronic arenas.  If anyone
found anything offensive or overly off-putting (or some other social faux
pas), please contact me privately and let me know. *