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

[Lee Howard]

I have some questions about this. (below)

From:  Andrew Alston <Andrew.Alston at liquidtelecom.com>
Date:  Tuesday, December 12, 2017 at 7:21 AM
To:  "Marcus K. G. Adomey" <madomey at hotmail.com>, Jean-Baptiste MILLOGO
<jbmillogo at gmail.com>, AFRINIC Communications <comms-announce at afrinic.net>,
"rpd at afrinic.net" <rpd at afrinic.net>
Subject:  Re: [rpd] Draft Procedure for Removal of an NRO NC/ASO AC Member

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

The members of the NRO Numbers Council are elected to represent the African
community, which may not always 100% coincide with the AFRINIC community. As
I remember the Memorandum of Understanding, AFRINIC runs the elections, but
representation on the Numbers Council, and especially in their role as
Advisory Council to ICANN, is independent of AFRINIC. The African community
has three representatives on the NRO NC (the ASO AC): two elected by the
community, and one appointed by the Board.

The roles are mixed: the NRO is the five RIRs working together, but the ASO
is the addressing advisory body to ICANN.

I do think a process for removal is necessary, for instance if someone were
to stop participating, or were to have a clear conflict of interest (such as
being hired by ICANN or AFRINIC).

So, to comment on the proposal:

>> 
>> 
>> 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>
>> 
>> 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.

Of course. That is the Board’s delegate. Should the community be able to
remove the Board’s delegate?

>> 
>> 
>> 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.

Could a Board simply decide it disagreed with the community and unseat their
elected representative?
What is the process for filling a vacancy?

What if the Board action were temporary, and had to be ratified at the next
Public Policy Meeting?


>> 
>> (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.

The term “bona fide” isn’t used elsewhere in the election process.
 https://www.afrinic.net/en/community/elections/nro-aso-election?showall=1&s
tart=1
Anyone who registers and shows up for the meeting, and resides in a country
in the AFRINIC service region, can vote. Section 9.5 below reuses that
language. Why is it different criteria for who can file the petition?
Otherwise, “bona fide member of the AFRINIC community” could mean only
people who have been to a recent meeting, or have posted to the mailing
list, or who voted recently, or any number of other things, and it’s up to
the Board to decide.
Somebody must make the determination whether there were ten residents of the
AFRINIC service region signing the petition. Having the Board do that is a
reasonable answer. Should the Board be able to determine frivolity? Or
should the community decide whether a petition is frivolous, and vote
accordingly?


>> 
>> 
>> 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.

Makes sense.

Lee


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