CHARTER: Procedure in Case of s6(e) Violation

[cyphar]

Right now, it is forbidden for more than two TOB members to be employed by the same employer:

e. The TOB shall be composed of nine (9) individuals elected for their
expertise, contribution to the advancement of container technologies and are
considered to be thought leaders in the OCI ecosystem. Anyone may be elected
to the TOB, regardless of whether the individual is an employee of an OCI
Member, so long as they are an OCI TDC participant. A TOB member is elected
as an individual and not as a representative of his or her employer. No more
than two (2) TOB members may be employed by the same entity or its
affiliates. Affiliates shall be defined as entities owning 50% or more of an
entity, or owned by or under common ownership with each other. TOB members
may not designate alternative representatives.

However, there is no procedure for dealing with this rule being violated. There are two circumstances where this rule could be violated:

1. Due to a TOB election, there are more than two TOB members who are employed by the same entity (this could be that one TOB member was already an employee of FooBarCo, and two canidates were employees of FooBarCo, and both employees got above the necessary threshold of votes).

2. A TOB member changes employers (either willingly, or due to their employer being bought by another company) which employs two TOB members already.

In my view, these two circumstances should have separate procedures:

(1) should be handled by walking through the ranked list of candidates after the election has been completed, and adding each candidate if they are eligible. If they are not eligible, the next candidate in the ranked list is considered. If there is a tie (even after removing inelligible candidates from that tie), then a fair coin toss could be used.

(2) should be handled by a by-election for a subset of the TOB's seats. It might make the most sense to only have a by-election for the TOB members' whose employer has changed, but another option would be simply to have a by-election for all TOB seats which violate s6(e) to avoid discriminating against TOB members who . In either case, whoever is elected in the seats acts as an interim TOB member, and their term ends at the same time as the previous holder (in other words, the by-election doesn't give the new TOB member a two-year term). This procedure probably should be considered along with #82 to avoid any extra complications.