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Subject: PAC: text of the TC process
Here is the text of the new Articles 14 and 15 that were added to
the OASIS bylaws by the board of directors July 21.
It's my understanding that the board intends to submit this for
legal review before announcing it publicly.
Jon
==================================================================
Article 14. Technical Committees
1. Definitions
PEOTCP (Person Eligible for OASIS Technical Committee
Participation) -- one of a class of individuals that includes
persons holding individual memberships in the corporation,
employees of organizational members of the corporation, members
of organizations to which OASIS has extended the benefits of
joint membership, and such other persons as may be designated
by the board of directors.
Technical Committee (TC) -- a group of PEOTCPs formed and
conducted according to the provisions of this article.
Joint Committee (JC) -- a TC formed by joint resolution of a
group of cooperating TCs, all of whose members are also members
of at least one liaison subcommittee appointed for the purpose
of participating in that JC.
Liaison subcommittee -- a subcommittee of a TC formed to
provide one or more members of a JC.
Calendar year -- begins on January 1 and ends on December 31 of
each year.
Calendar quarter -- one of the spans of time extending from
January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31.
OASIS TC administration -- persons appointed by the board of
directors to represent OASIS in administrative matters relating
to TCs.
2. TC Discussion Lists
Any group of at least three PEOTCPs shall be authorized to
begin a discussion list for the purpose of forming a TC by
submitting to OASIS TC administration the following items:
- The name of the discussion list, which shall not be the same
as the name of the list in which the TC itself will operate
once formed.
- A preliminary statement of scope for the TC that the list is
intended to form.
- The names, electronic mail addresses, and membership
affiliations of the PEOTCPs proposing to create the
discussion list.
- The name of the discussion list leader.
No later than 15 days following the submission, OASIS shall
provide these materials to the membership with a call for
participation in a discussion list whose purpose is to form the
TC described in the application. Discussion of TC formation
shall begin on the list no sooner than seven days after the
announcement. More than one TC can be formed from a discussion
list. A list established to discuss the formation of a TC
under provisions of this section shall automatically go out of
existence 90 days after the call for participation, together
with its archive.
3. TC Formation
Any group of at least three PEOTCPs shall be authorized to
begin a TC by submitting to OASIS TC administration the
following items, written in English and provided in electronic
form as plain text:
- Name of the TC, such name not to have been previously used
for an OASIS TC.
- Statement of purpose, which must be germane to the mission
of OASIS.
- List of deliverables, with projected dates.
- Language in which the TC will conduct business.
- Date and time of the first meeting, and whether it will be
held in person or by phone.
- The meeting schedule for the year following the formation of
the TC, or until the projected date of the final
deliverable, whichever comes first.
- Names, electronic mail addresses, and membership
affiliations of at least three PEOTCPs committed to the
stated meeting schedule.
- Name of the TC chair.
- Names of phone meeting sponsors, if any.
- Names of face-to-face meeting sponsors, if any.
No later than 15 days following the submission, OASIS TC
administration shall either provide these materials to the
membership, with a call for participation and an announcement
of a first meeting, or return the submission to its originators
with an explanation of its failure to meet the requirements set
forth in this section. If the submission is accepted, OASIS TC
administration shall form two electronic mail lists for the TC,
namely a general list and a comment list, as described further
in the section titled "TC visibility," and the person named as
chair of the TC shall be given administrative control of these
lists.
4. First Meeting of a TC
The first meeting of a TC shall occur no less than 30 days
after the announcement of its formation in the case of a
telephone meeting and no less than 45 days after the
announcement of its formation in the case of a face-to-face
meeting. Persons intending to participate in the first meeting
must register to attend no later than 15 days prior to the
event by notifying the person named as chair of the new TC of
their intention to attend the meeting. Every PEOTCP present at
the first meeting of a TC shall be initially a voting member of
the TC.
The first meeting of a TC must occur at the place and time and
in the manner described in the announcement. Any initial
meeting whose time or location is changed and any initial phone
meeting that fails to grant access to every PEOTCP previously
registering a desire to participate shall be subject to appeal
as provided in the section of this article titled "Appeals."
5. TC Membership
A PEOTCP shall become a prospective member of an existing TC by
sending by mail notice of intention to participate to the chair
of the TC. Prospective membership shall begin seven days after
this notice is received. A prospective member may attend
face-to-face meetings as an observer. A prospective member may
attend phone meetings as an observer at the discretion of the
chair.
A prospective member of a TC shall become a voting member of
the TC immediately following the close of the third TC meeting
held during the period of prospective membership or after 60
days have elapsed following formal application to join the TC,
whichever comes first.
The transference of an individual OASIS membership shall not
automatically confer TC membership upon the transferee.
6. Termination of TC Membership
Except as provided in the section of this article titled
"Leaves of Absence," membership in an OASIS TC shall be
terminated under the following conditions.
a. A member shall be warned by mail from the chair of the TC
upon failure to attend two out of every three successive
meetings of the TC. Membership shall be terminated if the
member fails to attend the next meeting following
transmittal of the warning.
b. A member shall be warned by mail from the chair of the TC
upon failure to return 80 percent of all mail ballots
closing during any 90-day period. Membership shall be
terminated if the member fails to return 80 percent of all
mail ballots closing during the 90 days following
transmittal of the warning.
c. A member shall be considered to have resigned from a TC upon
receipt of notification of resignation by mail from the
member by the chair of the TC.
Termination of membership in an OASIS TC shall automatically
end voting membership in any subcommittee directly or
indirectly created by that TC.
7. Leaves of Absence
Every member of an OASIS TC shall be entitled to at least one
leave of absence per calendar year. During a leave of absence,
a member shall be exempt from the participation criteria
specified in the section of this article titled "Termination of
TC Membership." A first leave of absence in any calendar year
shall be obtained automatically upon application to the chair
of the TC.
A TC member who has already been granted a leave of absence
during a calendar year may apply for a maximum of one
additional leave of absence during the same year, but a second
leave of absence in a calendar year shall be granted only upon
formal resolution of the TC.
A member of a TC who has been granted a leave of absence shall
cease to be a member of the TC and all of its subcommittees for
the duration of the leave. However, membership in the TC and
membership in any still-existing subcommittee of the TC of
which the same person was a member at the beginning of the
leave shall resume when the leave ends.
The length of a leave of absence shall be specified in advance
by the member requesting it and shall not exceed 45 days. A
leave of absence shall begin no earlier than seven days after
the date upon which the request was submitted to the chair of
the TC and shall end on the date specified, or at the beginning
of the first TC meeting or subcommittee meeting attended after
the leave begins, or upon transmittal of the first mail ballot
returned after the leave begins, whichever comes first. Time
allocated for a leave of absence but not used due to early
resumption of membership cannot be carried over into another
leave.
8. TC Chairs
A TC chair may be removed by action of the board of directors
following an appeal as specified in the section of this article
titled "Appeals" or by a vote of 2/3 of all the members of the
TC.
A vacancy in chairing a TC shall be deemed to exist when (a)
the chair has been removed, (b) the chair has resigned the
position, or (c) the chair ceases to be a member of the TC.
Vacancies in chairing a TC shall be filled by election from the
membership of the TC.
The same provisions regarding leaves of absence shall apply to
the chair of a TC as to the other members of a TC, except the
chair must notify both OASIS TC administration and the TC at
least 30 days prior to any non-emergency leave of absence.
9. TC Visibility
All TC electronic mail lists shall be archived for the duration
of the corporation, and all TC mail archives shall be publicly
visible. Each TC shall be provided upon formation with a
general list and a comment list.
Every PEOTCP shall be able to subscribe to the general mailing
list of any TC, but only members of that TC shall be able to
post to it. The minutes of each TC meeting shall be published
to that TC's general list.
The comment list of a TC shall be open to contributions from
every PEOTCP, and may also be enabled to accept comments from
other groups or from the public at large by resolution of the
TC. TCs shall not be required to respond to comments.
OASIS shall create a publicly archived list for announcements
from OASIS TC administration regarding TCs. Any PEOTCP shall
be able to subscribe to this list.
Every important change in TC status shall be posted to the
announcement list, such changes to include but not be limited
to the following: TC formation; changes in purpose,
deliverables, or meeting schedule; publication of working
drafts; publication of committee specifications; calls for
implementation; submission of a specification as a proposed
OASIS standard; approval or rejection of a proposed standard;
start or end of participation in a joint committee; and closure
of a TC.
10. TC Procedure
The operation of TCs shall be governed by Robert's Rules of
Order, as such rules may be revised from time to time, insofar
as such rules are not inconsistent with or in conflict with
these Bylaws, with the Articles of Incorporation of this
corporation, or with provisions of law.
The duration of a TC shall be considered a single session.
Formal actions of TCs shall be governed by the same rules
regardless of the language in which the work is taking place.
11. TC Meetings
"TC meeting" shall be construed to include telephone
conferences and video conferences as well as face-to-face
meetings.
Any TC that fails to conduct at least one meeting during a
calendar year shall cease to exist at the beginning of the
calendar year immediately following.
12. TC Revision
A TC can clarify its statement of purpose; revise its
deliverables; and change its meeting schedule. Such changes
shall be reported on the TC announcement list, and any
revisable publicly visible description (e.g., Web page)
promulgated by the TC shall be updated to reflect such changes.
13. TC Voting
Every member of a TC has a single vote. Organizations do not
vote in TCs. Proxies shall not be allowed in TC voting.
The final approval of a committee specification shall require
at least 2/3 of the total membership of a TC voting to approve
and no more than 1/4 voting to disapprove.
14. Conduct of TC Business by Mail
A TC may adopt a standing rule authorizing its chair to draft
resolutions pertaining to routine business directly related to
the stated purpose of the TC and to conduct votes on such
resolutions by mail.
A TC may, by the approval of 2/3 of the members voting in a
meeting, allow the chair between that meeting and the next to
draft resolutions pertaining to specified subjects, to propose
such draft resolutions to the members of the TC for discussion
by mail, to entertain friendly amendments to such draft
resolutions and make such changes as shall seem most likely to
gain general assent of the members of the TC, to put such
resolutions as seem to have gained majority assent to the
members of the TC for a vote by mail, and to conduct votes on
such resolutions by mail.
The period allowed for voting by mail shall be five days,
unless the TC specifies a different voting period in the
resolution authorizing the vote or in standing rules governing
mail ballots.
"Mail" as the term is applied to the conduct of TCs shall be
construed to mean electronic mail.
15. TC Coordination
Coordination among TCs shall take place through the action of
voluntary joint committees (JCs).
The formation of a JC shall begin with the preparation of a JC
proposal. A JC proposal must meet all of the criteria for a TC
proposal, and it must in addition contain
- The date and time of the first meeting of the JC, such date
to be no less than 45 days and no more than one year from
the date of submission.
- A list of all the TCs that will cooperate in the work of the
JC.
- The name of at least one member from each of those TCs who
is committed to the purpose and meeting schedule of the JC.
No individual named in the proposal shall be allowed to
represent more than one TC in meeting this requirement.
Within 15 days of its submission, OASIS TC administration shall
convey the proposal to the chairs of all the TCs named in the
proposal and shall in addition copy the proposal to the TC
announcement list. Each of the TCs shall then have until 30
days before the date set in the proposal for the first JC
meeting to appoint a liaison subcommittee, the members of which
are thereby empowered to participate in the JC described in the
proposal. The appointment of liaison subcommittees shall be
governed by the same rules that apply to the appointment of
ordinary TC subcommittees.
Upon the appointment of liaison subcommittees by all of the TCs
named in the proposal, OASIS shall create a mailing list for
the new JC and shall announce its formation to the membership,
but for informational purposes only and not as a call for
participation.
The voting members of a newly created JC shall be those OASIS
members who (a) have been appointed to a liaison subcommittee
created for this purpose by one of the TCs cooperating in the
JC, (b) individually register their intention to attend the
first meeting of the JC by sending mail no later than 15 days
preceding the meeting to the chair of the JC, and (c) attend
the first meeting of the JC.
The first meeting of a JC shall not be called to order until at
least one member from each liaison subcommittee appointed to
participate in the JC is present at the meeting. If this
requirement is not met by the end of the time scheduled for the
first meeting, then the JC shall cease to exist, and OASIS TC
administration shall close its mailing list. No person shall
be counted as representing more than one TC for purposes of
this requirement.
Membership in a JC after its first meeting shall be governed by
the same rules governing membership in a TC, with the added
requirement that any prospective member of a JC must first be a
member of a liaison subcommittee appointed for this purpose by
one of the cooperating TCs.
Except as provided in this section, all of the provisions for
meetings, membership, termination of membership, and leaves of
absence that apply to members of TCs shall apply equally to
JCs, with the added requirement that warnings of termination of
membership shall be copied to the chairs of TCs contributing a
member to the JC as well as to the affected member.
The membership of a person in a JC shall terminate if that
person resigns from the JC, fails to meet the generic
participation requirements of JCs and TCs, or ceases to be a
member of any of the liaison subcommittees participating in the
JC.
If termination of membership in a JC causes a still existing
TC's contribution of voting members to that JC to fall to zero,
the chair of the JC shall, within 15 days following the
termination of membership, notify OASIS and the chair of the
formerly participating TC that the TC is in breach of its
obligation to contribute to the work of the JC. The TC shall
have 90 days following this notice to appoint a new liaison
subcommittee, whose members shall become prospective members of
the JC. If none of those prospective members fulfills the
requirements for participation in the JC, the attempt to create
a liaison subcommittee shall be declared a failure.
If a still-existing TC in breach of its obligation to
contribute to a JC fails to appoint a liaison subcommittee
within the time stated, then all activities and mailing lists
of that JC shall cease until its successor, if any, can be
organized according to the provisions for starting a JC.
If one or more TCs participating in a JC cease to exist but
more than one TC remains, the chair of the JC shall so inform
OASIS TC administration, and the remaining TCs after notice
from OASIS TC administration shall have 30 days thereafter to
adopt a joint resolution agreeing to carry on the work of the
JC without requalifying its members. If they fail to adopt
such a resolution, the JC shall cease to exist.
A TC shall have no obligation to abide by any decision arrived
at in a JC to which it contributes membership. The business of
a JC to which a TC contributes membership shall be imparted to
the TC through reports from the chair of its liaison
subcommittee. Such reports shall have the same force and shall
be made, received, and acted upon in the same manner as reports
from any other subcommittee of the TC.
A TC shall be added to or removed from the set of TCs
contributing to a JC only upon joint resolution of all of the
participating TCs.
16. Appeals
Any group of three or more PEOTCPs who believe that an action
taken or not taken by or with respect to TCs is in violation of
the procedures set forth in these Bylaws or specified by the
board of directors of the corporation may appeal such action or
inaction to OASIS TC administration. Appellants shall file a
complaint within 30 days of the action being appealed or at any
time with respect to an inaction. The complaint shall state
the nature of the objection(s), including any direct and
material adverse effects upon the appellants; the section(s) of
these Bylaws or of the board resolution(s) at issue; the
actions or inactions at issue; and the specific remedial
action(s) that would satisfy the appellants' concerns.
Previous efforts to resolve the objection(s) and the outcome of
each shall be noted.
Within 30 days of receipt of the complaint, OASIS TC
administration shall respond to the appellants, addressing each
allegation of fact in the complaint to the extent of the TC
administration's knowledge. If the appellants and the TC
administration are unable to resolve the complaint within 15
days following the response, the TC administration shall
schedule a hearing before the OASIS board of directors at the
next regular board meeting. In such a hearing, appellants
shall have the burden of demonstrating adverse effects,
improper action or inaction, and the efficacy of the requested
remedial action. The board shall render its decision within 30
days. The decision of the board shall be final.
The OASIS board of directors has the authority to effect such
remedial action as may be necessary to remedy a complaint
brought under this procedure.
17. Application to Existing TCs
This article applies to previously established TCs upon its
adoption.
==================================================================
Article 15. Standards Process
A technical committee (TC) as defined in Article 14 of these
bylaws that has approved and published a committee
specification may simultaneously or at some later time
recommend that the specification be made an OASIS standard.
Upon resolution of the TC to move the specification forward,
its chair shall submit the following items to OASIS:
a. A formal specification that is a valid member of its
type.
b. Appropriate documentation for the specification.
c. A clear English-language summary of the specification.
d. Certification by at least three OASIS member
organizations that they are successfully using the
specification.
e. An account of or pointer to votes and comments received
in any earlier attempts to standardize substantially the
same specification, together with the originating TC's
response to each comment.
f. A pointer to the publicly visible comments archive for
the originating TC.
Thirty days shall be allowed for administrative processing of a
proposed standard. The proposal shall be submitted to the
OASIS membership for review at the beginning of the first
calendar quarter following the 30 days allocated for
administrative review. At the beginning of the next calendar
quarter, the proposal shall be submitted to the voting members
of OASIS, who shall have thirty days to return a ballot
approving or disapproving the proposal.
The TC that originated the specification may, by formal
resolution, withdraw the proposed specification at any point
after it is submitted to OASIS for administrative processing
and before the end of the voting period.
In votes upon proposed OASIS standards, each voting OASIS
member shall be entitled to cast one vote. Votes shall be cast
by sending electronic mail to a publicly archived list created
for this purpose. Votes may be changed up until the end of the
voting period.
The results of a vote on a proposed standard shall be provided
to the membership and to the TC no later than seven days
following the close of the voting period.
If at the end of the voting period at least 10 percent of the
voting membership has voted to approve the proposed standard,
then
a. If no votes have been cast to disapprove the proposed
standard, it shall become an OASIS standard immediately
following the end of the voting period.
b. If negative votes amounting to less than 10 percent of the
voting membership have been cast, the negative votes and
accompanying comments, if any, shall be forwarded to the
originating TC for consideration. After notification of the
results, the TC shall have 30 days to take one of the
following actions by resolution:
1. request OASIS to approve the specification as submitted
despite the negative votes, or
2. withdraw the submission entirely, or
3. submit an amended specification, in which case the
amended submission shall be considered as if it were a
new submission, except that information regarding
previous votes and any disposition of comments received
in previous votes shall accompany the amended submission.
If at the end of the voting period less than 10 percent of the
voting membership has voted to approve the proposed standard,
or if at the end of the voting period 10 percent or more of the
voting membership has voted to disapprove the proposed
standard, or if the orginating TC upon notification of negative
votes takes no formal action within the 30 days allocated for
consideration of the results, then the specification shall not
become an OASIS standard. This shall not prevent the same or
similar specification from being submitted again.
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