[rpd] [Board-Discuss] RPD appeal committee

[Andrew Alston]

Sami,

This post was directly relevant to this thread - since right now - I do not believe this policy should be in last call at all - and any attempt to take it past last call will result in an instant appeal.

The definition of consensus was not met - and o believe that you and your co-chair erred in pushing this to last call - based on the fact that these legal objections were raised and unaddressed since pre Mauritius - and while I cannot appeal the current last call because of the 2 week limitation - the fact that I am requesting an appeal process now is in preparation for the fact that myself and others may have to invoke it directly in relation to the proposal under discussion.

Andrew

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________________________________
From: SamiSalih <sami at ntc.gov.sd>
Sent: Wednesday, July 12, 2017 4:16:56 PM
To: Andrew Alston
Cc: Alan Barrett; AfriNIC RPD MList.; AfriNIC Board of Directors' List
Subject: Re: [rpd] [Board-Discuss] RPD appeal committee

Dear Andrew

Please use this thread only for the subject under discussion, for any new issues please feel free to open a new thread.

Regards.

Dr. Sami Salih | Assistant Professor
Sudan University of Science and Technology
Eastern Dum, P.O Box 11111-407
email: sami.salih at sustech.edu
Mob: +249122045707

----- Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> Dear Board,
>
> Please with immediate affect please appoint a standing appeal committee that complies with the CPM - and that in future allows for submission at any point during the 2 week period stipulated by the CPM with no delays because of intermediary actions that need to be taken.
>
> Thanks
>
> Andrew
>
> Get Outlook for iOS<https://aka.ms/o0ukef<https://aka.ms/o0ukef>>
> ________________________________
> From: Alan Barrett <alan.barrett at afrinic.net>
> Sent: Wednesday, July 12, 2017 11:30:14 AM
> To: AfriNIC RPD MList.
> Subject: Re: [rpd] [Board-Discuss] RPD appeal committee
>
>
> > On 12 Jul 2017, at 11:28, Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
> >
> > Alan - it is required - the CPM (not the bylaws) require it as the community agreed to that CPM.
>
> Yes, it’s the policy development process, not the Bylaws. Sorry.
>
> Yes, the Board is required to appoint the appeal committee.
>
> No, the policy process does not say that the Board must appoint the committee long in advance to be on standby in case there’s an appeal. The policy process is silent about when the committee gets appointed.
>
> > The problem you have with complaints being diverted via the board is as follows:
> >
> > A.) it is well established practice - that I fully support - that board members may partake in their personal capacity in PDP meetings and the PDP process
> > B.) it is established fact that at points staff - including yourself - have expressed opinions on certain aspects (see Mauritius) - again - I fully support that - but it creates conflict
> > C.) The CPM says appeals must be filed within 2 weeks - I believe the intention on this is to ensure that information is clear and retained - and the delays by having the board constitute adhoc committees could have a detrimental affect on the process
> > D.) the process says nothing about submitting the complaint to anyone other than the committee - that cannot be done without the committee existing
> > E.) do I believe there is a need for such a committee? 100% - if such a committee existed and I had known it - I would have already appealed the decision to pass the review policy to last call - on substantial grounds.
>
> You seem to be arguing against a position that I have not taken.
>
> I didn’t say that an appeal shoula be sent to the Board. An appeal should be sent to the appeal committee.
>
> But the appeal committee does not exist yet. If you intend to submit an appeal, then you can first ask the Board to appoint an appeal committee. You don’t even need to tell the Board the nature of your appeal.
>
> > So yes - that committee is mandated by the CPM - yes it is necessary - yes I want the ability as promised in the CPM to file my appeals directly with the committee - yes I do not believe the board should have any part in said committee outside of appointing it - and certainly should not appoint themselves as gateway to the committee when the CPM in no way caters for such a scenario
>
> I agree.
>
> > Again I ask - if I am told to file with the appeal committee - how do I do that without it existing - am I forced to push said appeal through the board - in which case please show me the sections of the CPM and the bylaws that allow the board to insert itself into this process
>
> Again, if you want the Board to appoint an appeal committee, then please ask the Board to do that.
>
> Alan Barrett
>
>
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