PC Training: Responding to Negative Voters (with Reason)

PC Training: Responding to Negative Voters (with Reason) Intended Audience - recommended for PC Chairs, PC Secretaries, and Standards Committee Members September 20, 2016 - web training Steve Ferguson Required Reading – Procedures for ASHRAE Standards Actions (PASA) PC Chairs Training: Responding to Negative Votes with Reason

My Background • Staff liaison to SSPC 90.1, 90.2 • Help ensure all changes are processed in accordance with procedure • Approximately 40 addenda processed per year • Chair of ANSI Board of Standards Review (BSR) • Process all Standards by all Standards Developing Organizations except by audited designators (such as ASHRAE) • Member since 2006 PC Chairs Training: Responding to Negative Votes with Reason

Learning Objectives • This training module provides information that will help ensure you comply with ASHRAE and ANSI procedures: • Overview of procedures • Examples of how to comply PC Chairs Training: Responding to Negative Votes with Reason

Procedures • ANSI Essential Requirements • 2.6 Consideration of views and objections • In connection with an objection … submitted with a vote, an effort to resolve all expressed objections accompanied by comments related to the proposal under consideration shall be made, and each such objector shall be advised in writing of the disposition of the objection and the reasons therefor. • Each unresolved objection and attempt at resolution, and any substantive change made in a proposed American National Standard shall be reported to the consensus body in order to afford all members of the consensus body an opportunity to respond, reaffirm, or change their vote. PC Chairs Training: Responding to Negative Votes with Reason

Procedures • ASHRAE Procedures for ANSI Standards Actions (PASA) • 7.2.4 Voting Requirements for Standards Actions • A written response to negative voters with reason voting at a meeting or via letter ballot shall be issued advising each of the disposition of the objection and the reasons why. PC Chairs Training: Responding to Negative Votes with Reason

Procedures • ASHRAE Procedures for ANSI Standards Actions (PASA) • 7.2.6 Negative Votes on Letter Ballots of PCs and Project Subcommittees • Persons who cast negative votes on a letter ballot shall be asked if they wish to comment on reasons for their negative votes. If the vote passes with one or more negative votes, the results shall be held in abeyance until the comments are transmitted to all eligible voters and they are given an opportunity to reaffirm their vote, change their vote or to vote (by letter ballot or at the next meeting). PC Chairs Training: Responding to Negative Votes with Reason

What does this all mean? • IF a PC member votes no on Publication Public Review motion, the following must occur: • There must be something in writing, at some point, that tells them what happened (the disposition) • There must be something in writing, at some point, that tells them why that happened (the reasons therefor) • All of that information must be provided to the PC voting members (the consensus body) and they must be offered the opportunity to reaffirm their vote, change their vote, or vote. PC Chairs Training: Responding to Negative Votes with Reason

When do you do this? • At some point during the process PC Chairs Training: Responding to Negative Votes with Reason

Examples of Putting it in Writing • Recorded in the minutes • A final vote for ‘publication’ • Draft a response prior to the next letter ballot • There are pros and cons for each PC Chairs Training: Responding to Negative Votes with Reason

Recorded in the Minutes • If you discuss the negative votes at a meeting, record a summary of what happened (the disposition) and why (the reasons therefor) in the minutes. • Distribute the minutes of the meeting, which includes the summary, to the PC members and specifically ask if anyone wants to change their vote, reaffirm their vote, or vote, to respond in writing. PC Chairs Training: Responding to Negative Votes with Reason

A Final Vote for Publication • Take a final vote for publication with knowledge of unresolved objections at the end of the process. • Have written dispositions to all objections (comments and negative votes) • Provide all documentation to PC members and offer them the opportunity to change or reaffirm their vote, or vote. PC Chairs Training: Responding to Negative Votes with Reason

Draft a Response Prior to Letter Ballot • If a PC member votes no during a meeting and provides a reason. • Draft a disposition and reason therefor • Include the disposition and reason therefor in a continuation letter ballot to all PC members and offer them the opportunity to change or reaffirm their vote, or vote PC Chairs Training: Responding to Negative Votes with Reason

My Advice • Do what works best for you and your committee • Be consistent • Be complete with paperwork • If you want to do something a little different, ask staff if it meets procedures if you’re unsure. PC Chairs Training: Responding to Negative Votes with Reason

Frequently Asked Questions? • Can we require negative votes be put in the online comment database? • Can we put negative votes in the online comment database? • Who has to approve the written response to negative voters? • Can anyone respond to negative voters? • If multiple people submit the same negative vote, can there be one response? PC Chairs Training: Responding to Negative Votes with Reason

Frequently Asked Questions? • What do we do with negative votes that are not accompanied with a reason? • Can reasons for negative votes be summarized and responded to in groups? • When does it end? • Is “the committee found your comment unpersuasive” a suitable “reason therefore”? • What happens if we don’t response in writing and don’t offer PC members the chance to reaffirm their vote, change their vote or to vote? PC Chairs Training: Responding to Negative Votes with Reason

Frequently Asked Questions? • When does it end? • “When this process is completed in accordance with the written procedures of the standards developer, the standards developer may consider any comments received subsequent to the closing of the public review and comment period, or shall consider them in the same manner as a new proposal. “(Section 2.6 of the ANSI Essential Requirements) • This is not an infinite loop. New information after the close of public review may be reviewed, but does not have to be. • It can be considered as a ‘new proposal’ PC Chairs Training: Responding to Negative Votes with Reason

Frequently Asked Questions? • Is “the committee found your comment unpersuasive” a suitable “reason therefore”? • No • “the committee found your comment unpersuasive” is a disposition • You need to provide a reason why it was unpersuasive. Is “the committee found your comment unpersuasive” a suitable “reason therefore”? PC Chairs Training: Responding to Negative Votes with Reason

Good or Bad Reasons Therefor • Bad:The committee rejected your comments because it was not persuaded to change their position • Good: The committee was not persuaded to change their position because there is evidence to the contrary. [insert summary of technical justification relied upon]. • Bad: Your math was wrong. • Good: your comment included a mathematical error that the PC discovered during discussion on their May 27, 2016 conference call. We’ve decided not to make the change because the requirement makes sense when you follow proper order of operations. PC Chairs Training: Responding to Negative Votes with Reason

Frequently Asked Questions? • What happens if we don’t respond in writing and don’t offer PC members the chance to reaffirm their vote, change their vote or to vote? • Best case scenario – the standard is published, and ASHRAE is ‘dinged’ during our ANSI audit. • ASHRAE Standards Department has a goal of zero “dings” on our next ANSI audit • Worst case scenario – someone appeals • Not responding properly and not giving proper consideration to objections is a process violation • 100% of appeals at ASHRAE and the ANSI BSR were upheld when this issue is alleged and found valid. PC Chairs Training: Responding to Negative Votes with Reason

Conclusion • Goal is to ensure all procedures are followed • All objections need to be responded to in writing (including those that vote no and provide a reason) • All PC members need to be offered the opportunity to vote, change their vote, or reaffirm their vote in light of all of the documented information PC Chairs Training: Responding to Negative Votes with Reason

Questions? PC Chairs Training: Responding to Negative Votes with Reason

PC Training: Responding to Negative Voters (with Reason)