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Re: [gnso-vi-feb10] OFF TOPIC -- Further update -- Council motion came up again right at the end of the meeting

  • To: vertical integration wg <Gnso-vi-feb10@xxxxxxxxx>
  • Subject: Re: [gnso-vi-feb10] OFF TOPIC -- Further update -- Council motion came up again right at the end of the meeting
  • From: Avri Doria <avri@xxxxxxx>
  • Date: Fri, 27 Aug 2010 09:07:40 -0400


On 27 Aug 2010, at 08:45, Eric Brunner-Williams wrote:

> On 8/26/10 6:54 PM, Avri Doria wrote:
> 
>> ... As for PDP rules, this entire group is so far outside the rules to quote 
>> them is silly at best. ...
> 
> That is a sentence I don't understand.
> 

What I mean is the Council has a lot of liberty in the way it does PDPs that 
the codification has not yet caught up with.  I do not say they go against the 
rules, but they certainly take advantage of what is not proscribed in the rules.

I have no problem with this as I certainly fed into the trend.  And I agree 
with the Council precedent  of deciding that, e.g., working groups where a 
viable way to do the work, because the bylaws did not proscribe the council 
using them as a means to get the work done when not using a Task Force as 
defined in the bylaws.

But when people make claims that we do not do X, in a PDP, because X is not 
specifically called out in the PDP rules, when most  everything we do is based 
on the principle that a thing not forbidden may be allowed with a council 
decision, I felt it necessary to point out that if you take the rules as 
written and take the practice of the PDP you will find you need  a fair amount 
of judicial activism to make this fit the rule.

a.





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