[rpd] [Community-Discuss] Fwd: Can the Board and the CEO please get in sync?

Thu Dec 6 17:00:13 UTC 2018

Thanks for that clarification, Alan. 

So I take it there are now defined two independent potential appeal points. 

1. We can appeal the decision of consensus and the two week clock started running November 29. 

2.  We can appeal a decision to send to last call, which has not yet occurred and such 2 week clock will start upon the last call being announced to the list. 

These being independent of the additional appellate point which may arise should the last call fail to consider the objections raised. 

Is this a correct understanding of your statement?

Owen

> On Dec 6, 2018, at 01:07, Alan Barrett <alan.barrett at afrinic.net> wrote:
> 
> Dear community,
> 
> I am forwarding a message from the rpd list, as was requested.
> 
> Alan Barrett
> 
> Begin forwarded message:
> 
> From: Alan Barrett <alan.barrett at afrinic.net>
> Subject: Re: [rpd] Can the Board and the CEO please get in sync?
> Date: 6 December 2018 at 13:05:38 +0400
> To: rpd List <rpd at afrinic.net>
> 
> Dear community,
> 
>> On 6 Dec 2018, at 03:37, Owen DeLong <owen at delong.com> wrote:
>> 
>> I’ve quoted two messages below which appear to contradict each other. One from SM (Board Member) stating that there is not yet a last call on the proposal in question. The other from the CEO stating that the last call decision was made public at the meeting and the 2 week clock for appeal started at that point.
> 
> The decision to send the audit proposal to last call was made public on Thursday 29 November 2018, but the last call has not started.  The start of the last call is typically announced by the co-chairs several days after the meeting, and we are now in the gap between the decision to go to last call, and the beginning of the last call.
> 
> The earlier message from the CEO focused on the date of the decision; the earlier message from SM focused on the fact that the last call has not yet started.  I think that both messages were accurate, but I can see how it may be confusing.
> 
>> These two positions appear to contradict each other, is I ask that the CEO and the board confer and that the board respond with a single clear statement as to the situation. Such statement should include:
>> 
>> 	1.	Is there a last call now active on this proposal or not?
> 
> The co-chairs made a decision to declare rough consensus in a public policy meeting, and to send the review proposal to last call.  The last call itself has not yet started; it will start only after a separate announcement by the co-chairs, and that has not yet happened.
> 
>> 	2.	When did the 2 week clock on the ability to appeal start ticking?
> 
> If the appeal will be against the decision to declare rough consensus in the meeting on 29 November, then the clock started on 29 November 2018.  If the appeal will be against some other decision, then the clock starts on the date of that other decision.
> 
>> 	3.	In light of the amount of confusion around this issue and the delays in getting clarification, could we
>> 		please reset the 2 week clock to start no sooner than the day that this clarification is provided to
>> 		the community?
> 
> That’s not my call.
> 
>> Further, since the two quotations come from two different lists, I request that the clarification be sent to both lists.
>> 
>> Thanks for your attention to this matter,
>> 
>> Owen
> 
> That’s rpd and members-discuss.  OK, I’ll send to both lists.
> 
> Alan Barrett
> 
> [quoted messages appended for context]
> 
>> We have this quote on the members list from a board member:
>> 
>>> From: S Moonesamy <sm+afrinic at elandsys.com>
>>> Date: Wednesday, 5 December 2018 at 22:02
>>> To: Andrew Alston <Andrew.Alston at liquidtelecom.com>, "members-discuss at afrinic.net" <members-discuss at afrinic.net>
>>> Subject: Re: [members-discuss] PDP Co-Chair Elections
>>> 
>>> Dear Andrew,
>>> 
>>> My response to your question is that there was an election for the 
>>> position of PDP Chair in Dakar. I read the messages on the relevant 
>>> mailing list sent over the last week. There are messages about 
>>> "opposing the last call" [1] on one of the proposals under 
>>> discussion; there isn't any Last Call at the moment.
>>> 
>>> If a Resource Member has a concern about a proposal, the Resource 
>>> Member can raise it through its representative during a Last 
>>> Call. There is also an appeal process for disagreements about 
>>> actions taken by the Chair(s). From what I understand, a concern 
>>> might be about what is written in a proposal instead of the person(s) 
>>> taking the decision.
>>> 
>>> Regards,
>>> S. Moonesamy
>>> 
>>> 1. https://lists.afrinic.net/pipermail/rpd/2018/008653.html
>> 
>> We have this quote from the RPD list from the CEO:
>> 
>>> From: Alan Barrett <alan.barrett at afrinic.net>
>>> Subject: Re: [rpd] Query on appeal
>>> Date: December 5, 2018 at 05:21:06  PST
>>> To: rpd List <rpd at afrinic.net>
>>> Cc: "pdwg-appeal at afrinic.net" <pdwg-appeal at afrinic.net>
>>> 
>>> 
>>> On 1 Dec 2018, at 14:04, Andrew Alston <Andrew.Alston at liquidtelecom.com> wrote:
>>> 
>>> Hi PDWG Appeal Committee.
>>> 
>>> I am replying because I think that the Appeal Committee may consider the questions out of scope for them.
>>> 
>>> The policy actually says – within 2 weeks from public knowledge of the decision – does a pronouncement on the floor constitute public knowledge in a streamed meeting?
>>> 
>>> Yes, the announcement on the floor of the public meeting was the instant that the decision became public knowledge.
>>> 
>>> Secondly – I wish the PDWG Appeal committee to comment on what happens to a last call process if the decision to last call is under appeal pending adjudication.  I would assume that the last call process would be suspended and cannot proceed until the adjudication of the appeal has been completed, but I wish to have a formal clarification on this.
>>> 
>>> According to AFRINIC’s legal advisor, an appeal would have the effect of suspending the last call process whilst awaiting the decision of the appeal committee on the issue of whether the Co-chairs were right or wrong.
>>> 
>>> 
>>> Alan Barrett
>>> CEO, AFRINIC
> 
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