[rpd] PDWG situation without co-chairs

[Timothy Ola Akinfenwa]

+1 Dewole
..."*and determine the outcome.*"
That settles it, at least for now!

Best!
Tim <./a>

On Tue, Feb 9, 2021 at 10:50 AM Dewole Ajao via RPD <rpd at afrinic.net> wrote:


> Boss, it's the process - and it's been written that way for years in plain

> sight.

>

>    1. 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.*

>

> The *emphasis *in there is mine. It might be beneficial to the working

> group if you or any others could offer alternative interpretations of those

> sentences so we can look at them together now rather than waste energy

> litigating (Assuming it becomes clear who will be suing who :-P).  I

> believe the process to appeal the contents of the PDP is proposing new

> policy text and convincing the group that the text should be changed.

>

> Regards,

> Dewole.

>

> On 2/9/2021 10:18 AM, Daniel Yakmut via RPD wrote:

>

> This interpretation is subjective, and it is totally wrong and draconian

> for the committee to have the powers of investigation, judgement and

> execution.

>

> If truly the Recall committee is this powerful then the process will have

> be appealed and it is a subject of litigation.

>

> Simply,

> Daniel

>

> On Tue, Feb 9, 2021, 10:05 AM Alan Barrett <apb.goo at gmail.com> wrote:

>

>> Dear PDWG,

>>

>> On Tue, 9 Feb 2021 at 00:51, Fernando Frediani <fhfrediani at gmail.com>

>> wrote:

>> > No Daniel, the output of the Recall Committee regarding the

>> > Co-Chairs is already final (read point 19 from their report)

>> > according to whats the CPM says about it, so it does not

>> > have to be approved by anyone, not even the Board itself.

>> >

>> > So currently we don't have any Co-Chairs.

>>

>> Yes, as far as I understand, the Recall Committee's decision is final.

>> Article 3.5(3) of the CPM gives the Recall Committee the power to

>> "determine the outcome", not merely to suggest or report to some other

>> party. The Board also stated "The Recall Committee will report the

>> outcome to the Policy Development Working Group. The decision of the

>> Recall Committee is final."  (That is in a document from the Board

>> that might not have been published, but is referenced from page 3 of

>> the Recall Committee's Working Procedure document.)

>>

>> The Recall Committee gave their decision in paragraph 19 of the "Final

>> Determination" document:  "19. The Committee therefore determines that

>> a recall of both the co-Chairs is justifiable in the circumstances,

>> and that both the co-Chairs be recalled with immediate effect.".

>>

>> > What the Committee has mentioned in the document is for the

>> > Board to lead the election of the new Co-Chairs and determine

>> > the transition during this interim.

>>

>> Yes, the last sentence of paragraph 20 of the Recall Committee's

>> report is a suggestion; it is not binding:  "The Committee suggests

>> that the Board coordinate with the PDWG to find an adequate transition

>> mechanism until the next election."

>>

>> Regards,

>> Alan Barrett

>>

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>>

>

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>

> --

> Regards,

>

> Dewole.

>

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