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Submitter: Karen Van Hentenryck

Issue: At one time the GOM included mention of the Key Member as able to withdraw a negative submitted by an organizational voter on review or normative ballots when the submitter did not respond to messages regards resolution of their negative vote. However, ANSI found the designation of an “anonymous” proxy, i.e. not named, to be unacceptable. The GOC should consider a process for the implementation of an acceptable proxy; particularly on normative ballots.

Analysis

At issue, HL7 has no recourse for those individuals who submit a Normative Ballot and cannot subsequently participate in or respond to the reconciliation process or, if needed, a recirculation ballot.  In particular, ANSI is not supportive of a blanket statement to the effect that the designated Key Member of an Organization or Affiliate may stand as proxy for their designated voting representatives.  Thus, apparently, requiring a named individual to act as the submitter’s agent should they be unable to “complete” the ballot process.

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Possible solution given that we were in favor of the IPC solution of having the organization submit a proxy statement:

ADD:

03.03.02 Organizational Members Key Voting Representative

Each Organizational Member shall identify a Key Voting Representative by name to HL7 Headquarters.  The Key Voting Representative shall maintain a current file of signed statements from each of their organization’s designated voting representatives naming the Key Voting Representative as proxy in matters pertaining to the reconciliation or recirculation of HL7 normative ballots.  

The proxy statement may take the form of: "Having submitted a HL7 Normative ballot, should I be unable to respond, for whatever reason, to the subsequent notice of disposition of negative comments or the recirculation of said Normative ballot I designate [name of Key Voting Representative] as my agent to complete such actions."

03.09.01 Affiliate Members Key Voting Representative

Each Affiliate Member shall identify a Key Voting Representative by name to HL7 Headquarters.  The Key Voting Representative shall maintain a current file of signed statements from each of their designated voting representatives naming the Key Voting Representative as proxy in matters pertaining to the reconciliation or recirculation of HL7 normative ballots.  

The proxy statement may take the form of: "Having submitted a HL7 Normative ballot, should I be unable to respond, for whatever reason, to the subsequent notice of disposition of negative comments or the recirculation of said Normative ballot I designate [name of Key Voting Representative] as my agent to complete such actions."

REVISE:

02.11.01 Fulfilling Notification of Disposition Requirements

02.11.01.01 Individual Members

If the attempt to notify an organization or Affiliate member representative of the disposition of their negative comments via the Ballot Desktop is unsuccessful, the responsible co-chair will notify HL7 Headquarters who shall forward such notification to the organization or Affiliate’s Key Member fulfilling the requirement of notification. 

If the attempt to notify an individual member of the disposition of their negative comments via the Ballot Desktop is unsuccessful, the attempt shall be considered reasonable and prudent and shall fulfill the requirement of notification of disposition.

02.11.01.02 Organizational or Affiliate Member Voting Representatives

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The Key Voting Representative shall, if unable after a reasonable attempt to engage their respective voting representative, forward a copy of their voting representative’s proxy statement to HL7 Headquarters and respond to the disposition of negative comments.

Proposed Revision


GOM

03.03.02 Organizational Member's Key Voting Representative

Each Organizational Member shall identify a Key Voting Representative by name to HL7 Headquarters.  The Key Voting Representative shall maintain a current file of signed statements from each of their organization's designated voting representatives naming the Key Voting Representative as proxy in matters pertaining to the reconciliation or recirculation of HL7 Normative ballots.

It is suggested that the proxy statement take the form of: "Having submitted a HL7 Normative ballot, should I <name of designated voting representative> be unable to respond, for whatever reason, to the subsequent notice of disposition of negative comments or the recirculation of said Normative ballot I designate <name of Key Voting Representative> to act as my agent and complete such actions.

03.09.01 Affiliate Member's Key Voting Representative

Each Affiliate Member shall identify a Key Voting Representative by name to HL7 Headquarters.  The Key Voting Representative shall maintain a current file of signed statements from each of their designated voting representatives naming the Key Voting Representative as proxy in matters pertaining to the reconciliation or recirculation of HL7 Normative ballots.

It is suggested that the proxy statement take the form of: "Having submitted a HL7 Normative ballot, should I <name of designated voting representative> be unable to respond, for whatever reason, to the subsequent notice of disposition of negative comments or the recirculation of said Normative ballot I designate <name of Key Voting Representative> to act as my agent and complete such actions.

ER

02.11.01 Fulfilling Notification of Disposition Requirements

If the attempt to notify an organization or Affiliate member representative of the disposition of their negative comments via the Ballot Desktop is unsuccessful, the responsible co-chair will notify HL7 Headquarters who shall forward such notification to the organization or Affiliate’s Key Member fulfilling the requirement of notification. 

02.11.01.01 Individual Members

If the attempt to notify an individual member of the disposition of their negative comments via the Ballot Desktop is unsuccessful, the attempt shall be considered reasonable and prudent and shall fulfill the requirement of notification of disposition.

02.11.01.02 Organizational or Affiliate Member's Voting Representatives

If the attempt to notify an Organization or Affiliate member's voting representative of the disposition of their negative comments via the Ballot Desktop is unsuccessful, the responsible Work Group co-chair will shall notify HL7 Headquarters who shall forward such notification to the Organization or Affiliate’s Key Voting Representative Member fulfilling the requirement of notification.  

The Key Voting Representative shall, if unable after a reasonable attempt to engage their respective voting representative, forward a copy of said voting representative's proxy statement, if available, to HL7 Headquarters.  Upon submission of the voting representative's proxy statement, the named proxy shall respond to the disposition of negative comments.  Proxy statements shall be retained with the ballot material for audit purposes.