[rpd] PDWG situation without co-chairs

[Daniel Yakmut]

The interpretation of this "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." I understand the statement "...the co-chairs *be* recalled" as 
awaiting further action statement, but if the statement is "...the 
co-chairs*are* recalled" this could be a definitive statement.

However, natives or experts of English Language can advise better, 
alternatively we can hear from Legal Counsel the interpretations.


Cheers

Daniel

On 09/02/2021 10:54 am, Timothy Ola Akinfenwa wrote:
> +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 
> <mailto: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
>>     <mailto:apb.goo at gmail.com>> wrote:
>>
>>         Dear PDWG,
>>
>>         On Tue, 9 Feb 2021 at 00:51, Fernando Frediani
>>         <fhfrediani at gmail.com <mailto: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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>
>     -- 
>     Regards,
>
>     Dewole.
>
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