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

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

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

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

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

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

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

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. Pro – you’ve already discussed it at a meeting, you don’t need to re-discuss it at a later meeting Con – this usually requires a lot more paperwork and organization to document 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. Pro – all of the documentation is in one ballot, very easy to demonstrate compliance Con – you may have to revisit something you’ve already reviewed and remember old conversations/conclusions 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 Pro – you dispense with the negative vote right away Con – you do it before public review occurs, and you may need to re-do the response if there are many public comments that do something different than what your original disposition. PC Chairs Training: Responding to Negative Votes with Reason

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? Answers to these FAQs are 1) no we cannot require negative votes be put in the database. Voters can also do that if they want, but if they don’t, they still must be responded to. 2) No, all comments in OCD are linked to an individuals email, and the individual must be logged in to enter comments, someone else cannot login for them and enter that information. 3) No one. There’s no requirement for anyone to approve a written response to negative votes like there is for comment responses, but if the vote passes, then the PC is agreeing that the written response has been considered and is valid. 4) Yes. 5) Yes, but it would be good to note in the disposition that it applies to multiple votes. 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? Answers to these FAQs are 1) Nothing – if a negative voter does not provide a reason for their negative vote, you don’t need to respond to it, you do not need to tell that negative voter a disposition with reasons therefor since there’s nothing to respond to. Reasons therefor are in response to the initial reasoning statement. 2) Yes. 3-6) more on next slides 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

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

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