[arin-discuss] No quorum in last election

[Mike Lieberman]

In this case, as in all contract law, ambiguity is to be interpreted as
favoring the individual who is not the "scrivener" (the writer) of the
document and is to be based on a reasonable man standard. 

As "participation" is more than an "invitation to participate", Dean, no
matter whether you like him or not, is making a reasonable argument. The
question becomes, of those who did not physically attend the meeting, how
many submitted ballots and did that number satisfy the need for a quorum as
stated in the by-laws? 

The argument that while the word quorum is stated, the definition is not
stated, is fallacious. The word has meaning and so one is forced to look at
other places with-in the document for meaning and if finding none, one looks
at the enabling legislation. In this case, it would appear that 10%
constitutes a quorum, and it would appear that since email ballots are
permitted, they should be included in the count of a valid quorum. Given
those assumptions, can the board state if a quorum was present?

_________________________

Mike Lieberman, President
Net Wright LLC
Tel: 307-857-4898
Fax: 307-857-4872




-----Original Message-----
From: arin-discuss-bounces at arin.net [mailto:arin-discuss-bounces at arin.net]
On Behalf Of J Bacher
Sent: Monday, February 04, 2008 8:03 AM
To: arin-discuss at arin.net
Subject: Re: [arin-discuss] No quorum in last election

Dean Anderson wrote:

> Abstention is an affirmative response of non-vote by someone who is
> otherwise participating.
> 
> In order to be counted as participating but not voting, one needs to
> signal participation somehow.  John is saying that no response indicates
> participation.  No response is non-participation.

I'd like to see the legal documentation that supports your statement.  I can
find no documentation, legal or otherwise, that indicates that abstention
requires the voter to voice the abstention.
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