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[rpd] Comments on AFPUB-2020-GEN-004-DRAFT01 - Board Prerogatives on the PDP

JORDI PALET MARTINEZ jordi.palet at consulintel.es
Wed Oct 21 10:50:12 UTC 2020


Hi Noah,



It is very well explained in the proposal and if you read the bylaws you will see that this proposal is not contradicting it, on the other way around.



The bylaws already said that, but the PDP not. So, making them in-sync is the right thing to do.



Unless I missed something and you can point out exactly where is the contradiction?



The point here is that it was wrong for the bylaws to state that, it is a PDP matter not a bylaws one. The members (and thus the board) can’t impose anything to the community, that’s against the ICANN ICP-2. What is right is that the members (and the board) bring to the PDP whatever ideas they have, and if the community approves them by bottom-up consensus, then it goes on.



I fully support that in extreme situations the board can take decisions, but they should be brought back to the community, this is *exactly* what the bylaws say and the PDP should match that.



Regards,

Jordi

@jordipalet







El 21/10/20 12:43, "Noah" <noah at neo.co.tz> escribió:









On Fri, Oct 2, 2020 at 11:12 AM JORDI PALET MARTINEZ via RPD <rpd at afrinic.net> wrote:





This proposal is ensuring that the PDP exlicitly authorize the board to do what the bylaws already say, not contradicting them.



No, I have a problem with this Jordi to be honest because you will now have two contradicting laws telling the board how to do the same thing. By the way, the members are born out of the community. The board follows the bylaws and the board is indirectly empowered by the community through its members.



Recently AFRINIC circulated to the community request for comments for the ToR for the Appeals committee. In the past the same was also availed to the community for comments. So I hope you contributed ideas on what you want to see in the ToR.



https://lists.afrinic.net/pipermail/rpd/2020/thread.html#10947



This is how it should continue to be.



So I still have issues supporting this.



Noah





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