[lac-discuss-en] =? Iso-8859-1? Q? SOLICITUD_DE_VOTACI =D3N_SOBRE_EL_? == Iso-8859-1? Q?CONFLICTO_DE_CANDIDATO_ALAC_MEMBER? =

[Carlton Samuels]

Roosevelt:
Your interpretation of the rules here is off on a frolic, brother man.

The context is a debate on the discussion list.  The role of the Chair is
at issue.

Pay close attention to the term 'His duties will consist of, among other
things,'.

Following right after that comma, the clause enumerated a list of duties
bestowed on the Chair and by so doing, defines the Chair.  The
prepositional clause 'among other things' right after 'his duties will
consist of,' literally means this listing of duties is not exhaustive but
here are some of them. Maybe if you substituted the synonym 'with' for
'among' you will get a better understanding.

What follows is a list of attributes of the Chair we label as duties.

Go further along in the same clause and pay close attention to these words:
'chair the debates of the Assembly held through discussion lists'.

Reflect on the ordinary meaning of those words.

There cannot be any successful contradictions to these facts:

Fact #1.
Jose Arce was engaged in chairing a debate on the discussion list.

Fact #2.
As duly elected LACRALO Chair, Jose Arce is duty bound to uphold the
LACRALO Rules of Procedure.

Fact #3.
As Chair and after consultations, he acted within his authority and made a
declaration with respect to a specific clause of the LACRALO Rule of
Procedure.

Fact #4:
BANGO has standing, indeed an absolute right, to challenge any ruling of
the chair in a debate.  There is a process laid out so to do.

Fact #5:
The privileges and rights accorded Ageia Densi Argentina on its
certification as an ALS cannot be diluted or diminished because Jose Arce
is Chair.

- Carlton

==============================
Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
=============================


On Fri, Aug 17, 2012 at 10:49 PM, Webmaster <rok at bango.org.bb> wrote:

> Dear Secretariat,
>
> The Chairman did not make a ruling. The Chairman attempted to make a
> decision on behalf of LACRALO, which he does not have the authority to do.
> Therefore, there can be no invoking of Rule 8 here. This is a
> straightforward matter. There is a difference of opinion on the matter of
> the suitability of a candidate. It is the members who must decide on that.
> It is the members who made the rules and the members have a right to
> interpret their own rules and change their rules if they so desire.
>
> I do not see anywhere in the rules which gives the Chairman the right to
> make a decision for LACRALO. Under Rule 4 it states:
> The General Assembly shall elect a President, whose term shall be for one
> year, with the possibility of reelection for one single consecutive term.
> The process of election of the President of the Assembly shall take into
> account the level of participation, leadership, commitment, and knowledge
> of
> the work of the Assembly. In the event of a tie in the course of
> deliberations, the President shall cast the deciding vote.
>
> His duties will consist of, among other things, establish a link between
> the
> discussions in ALAC and the contributions made by the region, represent the
> region in the ALAC face-to-face meetings and chair the debates of the
> Assembly held through discussion lists, teleconferences and face-to-face
> meetings.
>
> So that there is no misunderstanding, the words "among other things" is
> assigned by the genre of the descriptions that come after it. This is to
> say
> that things of the nature of "establishing a link between discussions",
> "represent the region at face-to-face meetings" and "Chair debates of the
> assembly" meetings. Nothing here gives the Chairman a right to make a
> decision for LACRALO.
>
> On the other hand, the Secretariat is charged with administrative matters.
> What makes this an administrative matter is that there is a question which
> the Assembly must resolve. The Chairman cannot resolve the question for the
> Assembly. The Chairman can only rule on how the Assembly proceeds. hence
> the
> rules are clear on the role of the Secretariat, both in Assembly and in
> teleconferences/lists, etc. Rule 7 states:
>
> "7. The Secretariat shall have administrative and informative functions. It
> will be responsible for maintenance of the communications systems and the
> proper flow of information on matters under discussion among all the ALSs
> belonging to the LACRALO, and any other responsibilities assigned to it by
> the General Assembly."
>
> Administrative means that whenever there is an action to be completed, the
> Secretariat comes to the aid of the Assembly and uses its expertise to
> administer the action. In this case, the only ruling the Chair can make is
> that the question or issue must be put to a vote and the Secretariat
> manages
> the vote. The Chairman cannot decide the outcome of the vote nor can he
> make
> a ruling on the vote except on the manner of the vote.
>
> The Chairman made no ruling on the procedure of the meeting of the Assembly
> and therefore there can be no appeal against it. The Chairman simply made a
> mistake which cannot be validated. According to the rules, the only ruling
> the Chair can make is to advise the Secretariat that there is a difference
> of opinion and that there is need for a vote to determine the issue. The
> Secretariat should then proceed to administer the vote.
>
> Please seek further advice since there is a danger that a precedent may be
> set that allows the Chairman to make decisions on behalf of LACRALO, which
> is not the intention of the stated rules. The spirit in which the rules are
> written suggests that all members should participate in decisions of
> LACRALO.
>
> ROK
>
>
>