ARIN-PPML Message

[arin-ppml] Completion of legal and parliamentarian review of the Standing Rule of AC Role in Petitions

On Apr 18, 2011, at 4:38 AM, Sweeting, John wrote:
> Sorry, I meant for the email below to go to PPML. Thanks.
> ________________________________________
> From: Sweeting, John
> Sent: Sunday, April 17, 2011 4:18 PM
> To: ARIN Advisory Council
> Subject: RE: [arin-ppml] [arin-council] AC Role in Petitions
> 
> Hello All,
> 
> A complete legal and parlimentarian review of this Standing Rule has been requested. Most definitions state that standing rules are regulations for the guidance of an organization usually adopted by majority vote without previous notice but we would rather be safe than sorry. We would like to thank everyone for their input and look forward to clearing this issue up.
> 
> Enjoy the rest of the weekend,
> 
> -john
> 
> ++

ARIN-PPML Community - 
 
   Please find the following results of the legal and parliamentarian 
   review of this Standing Rule as requested by the AC Chair.

FYI,
/John

John Curran
President and CEO
ARIN

Begin forwarded message:

> From: John Curran <jcurran at arin.net>
> Date: June 24, 2011 10:49:24 AM GMT+08:00
> To: "Sweeting, John" <john.sweeting at twcable.com>
> Cc: ARIN Advisory Council
> Subject: Completion of legal and parliamentarian review of the Standing Rule of AC Role in Petitions
> 
> On Apr 18, 2011, at 4:18 AM, Sweeting, John wrote:
> 
>> Hello All,
>> 
>> A complete legal and parlimentarian review of this Standing Rule has been requested. Most definitions state that standing rules are regulations for the guidance of an organization usually adopted by majority vote without previous notice but we would rather be safe than sorry. We would like to thank everyone for their input and look forward to clearing this issue up.
> 
> ARIN Advisory Council
> Chairman Sweeting - 
> 
>  As requested, a legal and parliamentary review of the AC Standing 
>  Rule regarding AC members not participating in PDP Petitions has 
>  been completed.  No legal issue was identified with respect to 
>  establishment of this Standing Rule. 
> 
>  From a parliamentary perspective, adoption of the Standing Rule
>  creates an ambiguity with respect to the existing language in the 
>  Petition Process of ARIN Board adopted Policy Development Process 
>  (PDP).  Upon careful review, it was determined that the ARIN Advisory 
>  Council should not be establishing their own standing rules, as it
>  is unclear what precedence any such rule has with respect to Board 
>  adopted materials.  Roberts Rules of Order minimizes the potential 
>  for creation of such ambiguities by precluding subordinate bodies 
>  from establishing their own rules unless specifically directed to
>  do so:
> 
>  "Committee's may not adopt their own rules except as authorized in 
>   the bylaws or in instructions given to the committee by the society."
>   (Roberts Rules Newly Revised, 10th Edition, p. 483, l. 23 - 29)
> 
>  By having any Standing Rules adopted by the Board, the potential for
>  any conflict with established rules is greatly reduced.   At its 10 
>  June 2010 meeting, the ARIN Board of Trustees adopted the attached 
>  "AC Standing Rules and Special Rules of Order" document which contains 
>  the existing set of AC rules except the new rule prohibiting AC 
>  participation of petitions.  The AC is free to recommend any changes 
>  to these rules to the Board, and such suggestions will be considered 
>  in a timely manner.   Advisory Council member participation in petitions 
>  remains available and should only change if a revised Policy Development 
>  Process is adopted which contains such provisions.
> 
>  Thank you for raising this matter and do not hesitate to contact me 
>  if you have any questions.
> 
> Sincerely,
> /John
> 
> John Curran
> President and CEO
> ARIN
> 
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