[rpd] [Board-Discuss] RPD appeal committee

[Alan Barrett]

> On 12 Jul 2017, at 10:50, Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> 
> Sorry Alan - but this is in direct conflict with what the CPM says, I quote:
> 
>> if the disagreement cannot be resolved in this way, the person may file an appeal with an Appeal Committee appointed by the AFRINIC Board of Directors. 
> 
> It is impossible to file an appeal if there is no committee to file it with - and nowhere does this process give the board the right to decide when such a committee is necessary.
> 
> Indeed as I have stated in my previous email - the board is conflicted as they have to ratify - and the right of community members to file appeals independent of the board must be respected - and that dictates that there be a sitting committee with whom to file said appeals

I don’t see the conflict that you claim.  That sentence does not say when the committee needs to be appointed.  My interpretation, shared by Afrinic’s legal advisor, is that the committee may be appointed at the time that it becomes necessary.

One possible process would be: a complainant informs the Baord of intent to file an appeal; the Board appoints an appeal committee; the complainant files an appeal with the appeal committee.

If you would like the appeal committee to be appointed even when there are no pending appeals, then I suggest that you ask for that, and give reasons.  Please make it a discussion about whether or not a standing committee is a good idea, rather than whether or not the bylaws require it.

Alan Barrett