[rpd] [Board-Discuss] RPD appeal committee

Wed Jul 12 15:03:03 UTC 2017

Hi Andrew, 

While not holding brief for the Board on when it decides to convene an Appeal Committee, it is noteworthy that that you have not registered disagreement with co-chairs' actions (with co-chairs or with the PDWG) as stated in 3.5 of the CPM (conflict resolution). 

Dewole. 

3.5 Conflict Resolution 

A person who disagrees with the actions taken by the Chair(s) shall discuss the matter with the PDWG Chair(s) or with the PDWG. 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. An appeal can only be filed if it is supported by three (3) persons from the Working Group who have participated in the discussions. 
The appeal must be submitted within two weeks of the public knowledge of the decision. The Appeal Committee shall issue a report on its review of the complaint to the Working Group. The Appeal Committee may direct that the Chair(s) decision be annulled if the Policy Development Process has not been followed. 
Anyone may request the recall of a Working Group Chair at any time, upon written request with justification to the AFRINIC Board of Directors. The request must be supported by at least five (5) other persons from the Working Group. The AFRINIC Board of Directors shall appoint a recall committee, excluding the persons requesting the recall and the Working Group Chairs. The recall committee shall investigate the circumstances of the justification for the recall and determine the outcome. 

From: "Andrew Alston" <Andrew.Alston at liquidtelecom.com> 
To: "alan barrett" <alan.barrett at afrinic.net>, "rpd" <rpd at afrinic.net> 
Sent: Wednesday, July 12, 2017 8:28:42 AM 
Subject: Re: [rpd] [Board-Discuss] RPD appeal committee 

Alan - it is required - the CPM (not the bylaws) require it as the community agreed to that CPM. 

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. 

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 

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 

Andrew 

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From: Alan Barrett <alan.barrett at afrinic.net> 
Sent: Wednesday, July 12, 2017 10:10:15 AM 
To: AfriNIC RPD MList. 
Subject: Re: [rpd] [Board-Discuss] RPD appeal committee 

> 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 

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