[rpd] Draft Procedure for Removal of an NRO NC/ASO AC Member

Tue Dec 12 12:21:56 UTC 2017

Actually I think the removal by the board makes perfect sense and is in line with democratic process in many ways.

Look at the US - if a president must be removed it is via impeachment proceedings that the people who elected the party have little to do with.
In Ghana, section 69 of the constitution lays out similar mechanisms - again the electorate has little to do with it.

These are just two examples - there are many many others.  The electorate elects the board of directors to ensure that things are done properly - if the board of directors fails to do that - it is them we need the power to remove - and it is them we should hold accountable, and it is them that hold the liability for the organization anyway.

Same interestingly of the PDP - there is an argument touted that the board has no control of the PDP and it is a separate thing outside of their control. It could however be argued that the board holds ultimate responsibility for what goes down in the PDP and can be held liable for it - why - because the PDP was founded under the auspicious of AFRINIC which the directors effectively “own” - and Afrinic itself through provisions in the RSA give legitimacy to the PDP as an arm of Afrinic when they tie members to its decisions.  As such - you own it - you hold responsibility for it.

Same thing here with the ASO - we may elect the members of the ASO - but they are elected to represent AFRINIC - and since the board holds all the legal liability for AFRINIC they must have the power to remove those elements that could reflect poorly on the organization and bring it into disrepute.

(And do I personally think that giving our current board any more power than they already had makes sense - hell no - but I would argue that all we are doing here is formalizing Power they already had - even if we don’t want to acknowledge that as members of the company - and as the only ones with legal recognition under the law - they already hold ALL the power)
Andrew

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________________________________
From: Marcus K. G. Adomey <madomey at hotmail.com>
Sent: Tuesday, December 12, 2017 5:34:56 AM
To: Jean-Baptiste MILLOGO; AFRINIC Communications; rpd at afrinic.net
Subject: Re: [rpd] Draft Procedure for Removal of an NRO NC/ASO AC Member

Hi Community,

In deed, I cannot also grasp the common sense behind the board revoking community elected representative at the NRO NC/ASO AC. In fact, it does not make sense for the board to do so but rather it is the community which can revoke board members. I therefore don’t support this provision.

Thanks

Marcus

________________________________
From: Jean-Baptiste MILLOGO <jbmillogo at gmail.com>
Sent: Thursday, December 7, 2017 12:40 PM
To: AFRINIC Communications; rpd at afrinic.net
Subject: Re: [rpd] Draft Procedure for Removal of an NRO NC/ASO AC Member

Dear Alan,

Thanks for this.

There is a problem with 9.2a (and 9.4 by implication). It is groundless for the board to remove a member that was appointed by the community.

Officers should be removed by the mechanism by which they were appointed.   All the other proposed clauses follow this principle of like for like.

There is also lack of a procedure to recall members of the board of directors.  This is a good time to also deal with the recall of officers in general.

Best regards,
JB

2017-11-22 11:57 GMT+00:00 AFRINIC Communications <comms-announce at afrinic.net<mailto:comms-announce at afrinic.net>>:
Dear AFRINIC Community,

The Board has noted that there is no procedure for the removal of an NRO NC/ASO AC member.  The Board has drafted a procedure to be considered for addition to the election guidelines at <https://www.afrinic.net/en/community/elections/nro-aso-election?showall=1<https://www.afrinic.net/en/community/elections/nro-aso-election?showall=1>>.

The Board calls for comments for a 30 day period (ending on 22 December 2017).  Please comment in the community-discuss mailing list.

The draft procedure appears below.

Alan Barrett
CEO, AFRINIC

——

The Board proposes the following procedure, to be considered for addition to the election guidelines at:
<https://www.afrinic.net/en/community/elections/nro-aso-election?showall=1<https://www.afrinic.net/en/community/elections/nro-aso-election?showall=1>>

9. Removal

9.1 An NRO NC member appointed by the AFRINIC Board may be removed from office at any time by a resolution of the Board.

9.2 An NRO NC member elected by the AFRINIC community may be removed from office through any of the following methods:

(a) A supermajority vote (two-thirds) of the AFRINIC Board, meeting in person or via teleconference, at a meeting where the agenda circulated in advance includes the possible removal of an NRO NC representative.
(b) A majority vote held by the community present at an AFRINIC Public Policy Meeting.

9.3 An individual whose removal is contemplated in terms of 9.2 is entitled to at least 10 calendar days’ notice of the meeting, and may appear before and be heard at such a meeting. Removal may proceed with or without such individual’s presence at the meeting.

9.4 Any ten (10) bona fide members of the AFRINIC community may petition the Board to initiate a removal in terms of 9.2(b), giving at least 40 days’ notice and giving reasons for the contemplated removal. Such petition shall be published. Unless the Board finds that the petition is invalid or frivolous, the Board shall ensure that the agenda of the forthcoming Public Policy Meeting includes the consideration of the removal of the NRO NC member.

9.5 Eligibility to vote for the removal in terms of 9.2(b) shall be determined in the same way as the eligibility to vote for the appointment of candidates.

——

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