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Grex Coop13 Item 122: Proposal: Amendment to Bylaws Article 5
Entered by remmers on Fri Feb 13 19:38:11 UTC 2004:

I propose that Article V of the bylaws be amended to read as follows:

       ARTICLE 5:  VOTING PROCEDURES

   a.  Any member of Grex may make a motion by entering it as the
       text of a discussion item in a computer conference on Grex
       designated for this purpose.  The item is then used for
       discussion of the motion.  All Grex users may participate in
       the discussion.  No action on the motion is taken for two
       weeks.

   b.  In order for the motion to be voted on, at least 10% of the
       membership must endorse bringing the proposal to a vote.
       Endorsement shall consist of a statement by the member in
       the discussion item agreeing that the motion should be voted
       on.  A member may withdraw his or her endorsement at any time
       prior to the start of voting by so stating in the discussion
       item.

   c.  When at least two weeks have passed and the necessary number
       of endorsements have been obtained, the author may then
       submit a final version for a vote by the membership.
       The vote is begun as soon as feasible and is conducted online
       over a period of ten days.  If within thirty days from the
       date of the motion the author does not request a vote or
       the necessary endorsements have not been obtained, the motion
       is considered to have lapsed and is not eligible for voting.

   d.  Simultaneous voting on two or more motions is permissible,
       subject to limitations of the voting software.  However,
       two motions may not be voted on simultaneously if one
       is contradictory to or implies a modification of effect
       to the other.  In such a case, the motion posted first shall
       take precedence in voting order.
       
   e.  A motion will be considered to have passed if more
       votes were cast in favor than against, except as provided
       for bylaw amendments.

   f.  For voting purposes, a day will run midnight to midnight.  In
       the event of continuous system downtime of 24 hours or more,
       the voting period will be adjusted to compensate.

71 responses total.



#1 of 71 by remmers on Fri Feb 13 19:39:02 2004:

Comments:

Sections b, d, and part of c are new provisions.  Parts b and d
are motivated by recent events.

Section b requires that a minimal level of support be demonstrated
prior to a vote, analagous to the "petition drives" required by
various states in order to get citizen initiatives on the ballot.
Wasn't ever needed in Grex's twelve previous years of existence,
but hey, times change.

Section c cleans up a loose end by specifying a definite point in
time when a proposal "expires" if it hasn't come to a vote.

Section d is an attempt to favor order over chaos.

There's no explicit provision in this proposal for delays in
revoting the same issue.  I realize that Ken (krj) has proposed
this, and agree that  such revotes are a potential nuisance,
but I'm hoping that the endorsement requirement takes care of the
problem indirectly.  I can also conceive of situations where a quick
revote on "substantially the same issue" could be desirable,
so I'm reluctant to exclude it explicitly. 

I'll be honest.  I'm motivated to an extent by the desire not
to have the voteadm job become a pain in the posterior.  However,
you should of course discount any selfish concerns on my part and
evaluate this proposal on its merits.  I'm certainly open to
suggestions for changes.

Discuss...


#2 of 71 by jp2 on Fri Feb 13 20:03:48 2004:

This response has been erased.



#3 of 71 by jp2 on Fri Feb 13 20:10:15 2004:

This response has been erased.



#4 of 71 by tod on Fri Feb 13 21:59:34 2004:

This response has been erased.



#5 of 71 by remmers on Fri Feb 13 22:23:59 2004:

Read the bylaws!  :)

3/4 of votes cast.

I think it's implicit that a bylaw doesn't apply to anything done
when it wasn't in effect.


#6 of 71 by davel on Fri Feb 13 22:37:24 2004:

John, just looking ahead to the actions of some professional nitpickers: you
don't actually say that a withdrawn endorsement doesn't count toward the 10%.
And if (say) more than 10% endorse, but then some withdraw their endorsements,
that would still satisfy the criteria in section b - you don't say (to pick
an option out at random) that at the end of the official discussion period
there must be standing endorsements from at least 10%, only that 10% must have
endorsed at some point or other.


#7 of 71 by tod on Fri Feb 13 23:11:38 2004:

This response has been erased.



#8 of 71 by gelinas on Sat Feb 14 00:00:45 2004:

How has the "midnight to midnight" provision been ignored?  If I properly
understand the implementation, the time between the vote opening and the first
midnight is not counted towards the ten days.  


#9 of 71 by tod on Sat Feb 14 00:08:03 2004:

This response has been erased.



#10 of 71 by other on Sat Feb 14 01:48:37 2004:

Remmers, do you wish me to incorporate this wording in my extant 
proposal, which is due to begin voting as soon as I submit final 
wording, or would you rather have this proposal stand on its own 
and have the full two weeks of bickering before it comes up for 
vote?


#11 of 71 by davel on Sat Feb 14 02:43:24 2004:

Re #7: you do not agree with me, if what you said represents what you think.
I can't imagine how you construed what I said to mean that I thought that.


#12 of 71 by remmers on Sat Feb 14 15:42:05 2004:

Re #10:  Since this proposal is of wider scope than yours, I think it
should get the full two weeks of discussion.


#13 of 71 by other on Sat Feb 14 19:09:21 2004:

This response has been erased.



#14 of 71 by other on Sat Feb 14 19:11:03 2004:

Suggested modification:

I propose that Article V of the bylaws be amended to read as 
follows:

       ARTICLE 5:  VOTING PROCEDURES

   a.  Any member of Grex may make a motion by entering it as the
       text of a discussion item in a computer conference on Grex
       designated for this purpose.  The item is then used for
       discussion of the motion.  All Grex users may participate in
       the discussion.  No action on the motion is taken for two
       days.  At any time after the initial two day period, the
       member making the motion may declare its wording final by 
       entering a statement to that effect  in the discussion item,
       and unambiguously including the finalized motion in the same
       response.
       
   b.  In order for the motion to be voted on, at least 10% of the
       membership must have entered and not withdrawn endorsement 
       of the proposal. Endorsement shall consist of a statement by
       the member in the discussion item agreeing that the motion 
       should be voted on. A member may withdraw his or her 
       endorsement at any time within thirteen days after the 
       motion is finalized by so stating in the discussion item. 

   c.  If within twenty one days from the date of the motion the 
       author does not declare the motion finalized, or if within 
       fourteen days from the date the motion is finalized the 
       necessary endorsements have not been obtained, the motion 
       is considered to have lapsed and is not eligible for voting.
       The vote is begun as soon as feasible and is conducted 
       online over a period of ten days.

   d.  Simultaneous voting on two or more motions is permissible,
       subject to limitations of the voting software.  However,
       two motions may not be voted on simultaneously if one
       is contradictory to or implies a modification of effect
       to the other.  In such a case, the motion finalized first 
       shall take precedence in voting order.
       
   e.  A motion will be considered to have passed if more
       votes were cast in favor than against, except as provided
       for bylaw amendments.

   f.  For voting purposes, a day will run midnight to midnight.  
       In the event of continuous system downtime of 24 hours or 
       more, the voting period will be adjusted to compensate. 


---------
Notes on the suggested modifications:

   1) This wording eliminates the possibility of the finalized 
wording being substantially changed from what was endorsed for vote 
by requiring finalization before the endorsement period begins.

   2) The possibility of antisocial manipulation of the process is 
minimized through the limitation of endorsement withdrawal to 
earlier than one day before the the voting period can begin.

   3) The two day initial period of inactivity is suggested in 
order to at least give some opportunity for response before the 
motion is finalized, but given the structure of the proposed 
process, it doesn't really matter that much.  Either the motion 
will be endorsed or it won't. 


#15 of 71 by gelinas on Sun Feb 15 04:48:36 2004:

I don't think two days is sufficient time for discussion before finalizing
the text.  Often the two-week discussion points up difficulties that need
to be addressed in the final language.

The statement that "No action on the motion is taken for two days" is
ambiguous: is discussion an "action"?


#16 of 71 by other on Sun Feb 15 05:09:38 2004:

The two days is merely the EARLIEST the motion may be declared 
finalized.  The author always has the option to accept or decline 
any modifications, and this approach places the endorsement step 
AFTER the finalization anyway, so does it really matter?  People 
will continue to discuss it anyway, and if the author finalizes it 
before much discussion takes place, then they run the risk that no 
one will endorse it.

The "no action" statement is lifted directly from the by-law as it 
is now.  It appears to refer to official action, and no other 
interpretation can reasonably be inferred, IMO.


#17 of 71 by aruba on Sun Feb 15 16:15:41 2004:

Eric, I think your version adds more beaurocracy than is necessary.  I
think we ought to be as informal as possible in counting endorsements. 
I'd rather leave it up to the voteadm to decide which endorsements count
and which don't.  But, you can try to convince me that the changes are 
needed.

I have one suggestion or remmers's motion: the endorsement provision says
"10% of the membership", and I think it should say "10% of the voting
membership", or something like that, since not all members can vote.


#18 of 71 by gelinas on Sun Feb 15 16:22:59 2004:

Thanks; I should have re-read the bylaws before commenting.

I wonder if it might be more useful to start the endorsement clock when
the text is finalised?  Changing the text, in any way, would void all
previous endorsements,

So instead of 

        No action on the motion is taken for two days.  At any
        time after the initial two day period, the member making
        the motion may declare its wording final

We would have

        No action on the motion is taken until the language is
        declared final.  At any time, the member making the motion
        may declare its wording final

and instead of 

        or if within fourteen days from the date the motion is
        finalized the necessary endorsements have not been obtained,

we would have

        or if within fourteen days from the date the motion is
        most recently declared final the necessary endorsements
        have not been obtained,


#19 of 71 by other on Sun Feb 15 16:58:11 2004:

I'll leave it up to John to accept of decline any suggested 
changes.

Mark, the main reason I explicitly allowed one less day to withdraw 
endorsements is because I can easily picture some chain-yanker 
repeatedly endorsing and withdrawing just as voteadm is about to 
start the voting.  I wanted to give the voteadm time to put 
together the vote without being manipulated by antisocial behavior.

Also, as Joe said, endorsements can really only be legitimate once 
the wording is finalized.  I don't really understand your comment 
about determining which endorsements count and which don't.  I 
don't know how to try to convince you of the necessity of the 
structure I suggested if I can't tell what part of it you're 
reacting to.  Could you be more specific about exactly what you're 
calling too bureaucratic?


#20 of 71 by aruba on Sun Feb 15 18:37:37 2004:

Well, I think it likely that people will read the initial version of a
motion, and may at that time endorse it.  Then maybe some technical changes
are made, but the motion is substantially about the same issue.  In that
case, I think the voteadm ought to count thos endorsements.

Maybe what I'm saying is that an endorsement should simply be a statement
that "this issue should be voted on", not "I approve of the exact wording of
this motion".  If that's what it means, I think the change will accomplish
the goal of keeping spurious motions from coming to a vote.

I don't want to get into a situation where the poster has a legitimate
issue, but makes several small changes to the motion over the course of a
couple of weeks, and everyone who wants it to be voted on has to keep
endorsing it over and over.  Nor do I want to see us have a situation where
someone is disinclined to make small changes to a motion just because that
would force everyone to do their endorsements over again.

I understand you're worried that someone might enter a motion, garner some
endorsements, and then change the motion to something entirely different,
just as a way of gaming the system.  My answer to that is that the voteadm
should have the power, in that situation, to declare that since the motion
changed radically, earlier endorsements are discounted.

I also don't want to require that people wait through a lengthy discussion
of a motion until the final wording is declared before they may endorse
it.  I think it's reasonable not to want to sit through that, but still to
have an opinion on whether the issue should be voted on. 



#21 of 71 by rational on Sun Feb 15 18:43:07 2004:

I have a twenty USD note.


#22 of 71 by naftee on Sun Feb 15 19:07:04 2004:

Me too!


#23 of 71 by other on Sun Feb 15 19:37:17 2004:

My initial proposal was oriented more toward giving the voteadm 
discretion, but John's proposal was oriented more toward 
incorporating flexibility into the structure independent of the 
voteadm, so my suggestions take that approach into account.

I don't think it is a substantial burden for participants in a 
discussion of a policy proposal to wait until wording is finalized 
before formally endorsing the proposal.  I think if people are 
involved and interested enough to take part in the discussion, 
they'll be inclined to take the time to endorse a specific 
proposal, and the protection against the now-proven willingness of 
some to manipulate the sytem is worth the extra limitation in 
policy structure.  

I think it is better to have those protections built into the 
structure than to require the voteadm to take the heat for 
potentially controversial interpretations of what is and what isn't 
a sufficiently substantial change as to invalidate previous 
endorsements.  That's a minefield I wouldn't want to face were I 
the voteadm.

Also, endorsements of an earlier version which are withdrawn after 
a change in wording are a potentially useful tool for an author 
wishing to be gauge relevancy in addressing a policy shortcoming.


#24 of 71 by naftee on Sun Feb 15 19:45:30 2004:

I think we should re-propose towards a sexual orientation.


#25 of 71 by janc on Tue Feb 17 01:24:32 2004:

I support John's proposal and prefer it to Eric's modification.


#26 of 71 by jared on Mon Feb 23 13:47:28 2004:

the modifications sound useful.  i think that there should be either
a timezone specified (midnight-midnight), or a statement that it
will be determined by the grex clock, but that could in theory be
tampered with, so specifying a timezone would be useful just for the
case of making people like jp2 happy ;-)


#27 of 71 by other on Mon Mar 1 05:49:25 2004:

This is due for a vote.


#28 of 71 by remmers on Mon Mar 1 11:20:46 2004:

Right.  Before moving it to a vote, I'd like to see some discussion
of a couple of points.  Specifics later, when I've got a bit more time.


#29 of 71 by salad on Mon Mar 1 21:56:45 2004:

Right.


#30 of 71 by remmers on Fri Mar 5 21:18:30 2004:

Guess I let this proposal slide a bit, but I haven't abandoned it.
Sorry for the delay.

The midnight-to-midnight requirement is now enforced by the voting
software, ending any previous sloppiness.  So I think it can stay.
The original bylaw was written when Grex was strictly a local
dialup system with no internet connection.  In these days of
global connectivity, it would probably be good to state the
timezone, to remove ambiguity about what "midnight" means.

After reading Eric's concerns about the endorsement mechanism, I
agree with him that it could use some sharpening up.  However, I
think the goal can be accomplished by a simpler mechanism than
he proposes.  How about wording section c as follows:

    When at least two weeks have passed, the author may post
    a final wording of the motion.  Following posting of the
    final wording, members shall have forty-eight hours to
    add an endorsement or withdraw a previous endorsement.
    At the end of this period, if the motion has the necessary
    number of endorsements, it may be voted on.  The vote is
    begun as soon as feasible and is conducted online over a
    period of ten days.  If within thirty days from the date
    of the motion the author does not request a vote or the
    necessary number of endorsements have not been obtained,
    the motion is considered to have lapsed and is not
    eligible for voting.

In addition, since membership levels fluctuate, section b
should probably specify a point in time at which the 10% is
calculated.  I'd suggest that it be the date on which the
proposal is first posted.


#31 of 71 by gelinas on Sat Mar 6 04:49:16 2004:

Can a lapsed proposal be re-submitted?  Immediately, or should there be a
waiting period.

Asking the treasurer to make a response giving the number of endoresements
required seems reasonable to me.  The day of the proposal sems a reasonable
date to use for the determination.


#32 of 71 by remmers on Mon Mar 8 13:49:21 2004:

Guess I'm not inclined to specify a waiting period.  I can envision
scenarios where immediate resubmission might be reasonable.  E.g.
it gets a lot of endorsements but the original proposer backs out.

Think I'll start a vote on this tonight unless some new point gets
raised that calls for more discussion.


#33 of 71 by aruba on Mon Mar 8 17:20:11 2004:

John, did you make a distinction between "members" and "voting members" in
your proposal?


#34 of 71 by remmers on Mon Mar 8 18:26:57 2004:

Thanks for the reminder on that.

I need to fine tune a couple of other points as well.  I'll post a final
wording here before starting the vote.


#35 of 71 by remmers on Fri Mar 12 16:29:19 2004:

Okay, here's my proposed final wording.  What do you think?  My intent
is to give today and tomorrow for any comments, then start the vote 
at midnight on Saturday the 13th.  (That's when the current vote ends
if I recall correctly.)

MOTION:  It is proposed that Cyberspace Communications Bylaw Article 5
be replaced by the following:

        ARTICLE 5:  VOTING PROCEDURES

    a.  Any member of Grex may make a motion by entering it as the
        text of a discussion item in a computer conference on Grex
        designated for this purpose.  The item is then used for
        discussion of the motion.  All Grex users may participate in
        the discussion.  No action on the motion is taken for two
        weeks.

    b.  In order for the motion to be voted on, at least 10% of the
        eligible voting membership must endorse bringing the proposal
        to a vote.  Endorsement shall consist of a statement by the
        member in the discussion item agreeing that the motion should
        be voted on.  A member may withdraw his or her endorsement at
        any time prior to the start of voting by so stating in the
        discussion item.

    c.  When at least two weeks have passed, the author may post
        a final wording of the motion.  Following posting of the
        final wording, members shall have forty-eight hours to
        add an endorsement or withdraw a previous endorsement.
        At the end of this period, if the motion has the necessary
        number of endorsements, it may be voted on.  The vote is
        begun as soon as feasible and is conducted online over a
        period of ten days.  If within thirty days from the date
        that the item was posted the author does not request a vote
        or the necessary number of endorsements have not been
        obtained, the motion is considered to have lapsed and is
        not eligible for voting.

    d.  Simultaneous voting on two or more motions is permissible,
        subject to limitations of the voting software.  However,
        two motions may not be voted on simultaneously if one
        is contradictory to or implies a modification of effect
        to the other.  In such a case, the motion posted first shall
        take precedence in voting order.

    e.  A motion will be considered to have passed if more
        votes were cast in favor than against, except as provided
        for bylaw amendments.

    f.  For voting purposes, a day will run midnight to midnight, local
        Grex time.  In the event of continuous system downtime of 24 hours
        or more, the voting period will be adjusted to compensate.



#36 of 71 by remmers on Fri Mar 12 16:34:23 2004:

(Sorry about the slightly sloppy formatting of the above.)

The changes from the current Article 5 are:

    o Required percentage of endorsement from eligible voting members
      to bring a motion to a vote.  (Currently no seconding or other
      level of support is needed.)

    o Motion expires if vote does not begin within 30 days.

    o Requirement that conflicting motions may not be voted on
      simultaneously.



#37 of 71 by other on Fri Mar 12 16:47:50 2004:

Well done.  I would only suggest that the 48 hour period of review 
after final wording be extended to four days, just because I think 
a lot of people easily manage to miss a couple of days and that far 
fewer would be gone for four days without being out of town and 
away from a computer altogether.


#38 of 71 by albaugh on Fri Mar 12 18:34:51 2004:

The wording looks fine to me.  If this comes to a vote, at this point, I would
recommend a NO vote on it.


#39 of 71 by gelinas on Fri Mar 12 18:46:53 2004:

May I ask why you would recommend against ti, albaugh?


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