In the early 1990s all the bosses was in jail and the commission can't decide anything otherwise the war wouldnt start. Orena asked Sessa and maybe the capos would prefered a boss on the streets that a boss in jail or a boss that gained the rules only because was the official boss son. In fact the orena faction would win without Scarpa sr and devecchio.
The families can send whoever they want to commission meetings to represent them, it doesn't have to be the boss.
Both Orena and Sessa (on behalf of Persico) were reporting to the commission during the Colombo war stating their case for the boss position, the commission chaired by Gigante continually delayed their decision hoping the Colombo's would cripple themselves enough so the other families can grab their rackets.
