Re: Draft proposal for resolution process changes
Am Tue, Sep 28, 2021 at 01:38:48PM +0100 schrieb Simon McVittie:
[A very good explanation]
Many thanks, that was very helpful.
> Also, I believe the rationale for this casting vote is the same as for
> the existence of a casting vote in general: to make sure that the TC is
> always able to make a decision, one way or another, and that there is
> never an unresolved situation where the outcome of the vote is "there is
> no decision". Even if the chair is not placed in the bizarre situation
> of choosing precisely how to overrule themselves, they should still be
> stating a decision.
[...]
> In this case, the TC has not made any decision - we have not decided to
> overrule the chair, we have not decided to decline to overrule the chair,
> and we have not even decided on Further Discussion! Once we get to the
> point of holding a vote, I don't think we want this to be procedurally
> possible.
The last sentence brings up one further question for me: is the
chair _obliged_ (in contrast to merely entitled) to provide a
casting vote in case of a tie?
You wrote above (emphasis by me) "[the chair] _should_ still be
stating a decision" and that makes sense from the point of
avoiding to have a vote stay in a permanent limbo state, but I
haven't found any wording in the constitution that formally
obliges the chair to cast in vote in such a situation.
Clause 6.3.2 of the constitution states "The Chair has a casting
vote. When the Technical Committee votes whether to override a
Developer who also happens to be a member of the Committee, that
member may not vote (unless they are the Chair, in which case
they may use only their casting vote)".
Section B of the constituion states '"May" or "can" indicates
that the person or body has discretion', so I interpret clause
6.3.2 as leaving the decision about providing a casting vote at
all to the chair.
In case there should be consensus about requiring the TC chair
to provide a casting vote in case of a tie, this would IMHO
require changing the wording of clause 6.3.2.
Regards,
Karsten
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