[rpd] Selecting WG Co-Chairs: Was Re: Can a Consensual Decision of the PDWG Violate the PDP? (was: Report from Recall Committee)

[lucilla fornaro]

Dear community,

Bylaws are more than internal documents. They are internal legal documents that should not be used for the PDP. Not only it does not make sense right now, but it is potentially illegal. Furthermore, for what concerns article 11.4, at this moment, we are not in an urgent situation. The board is not entitled to take action in that sense. Board cannot simply overtake the community and adopt policies.

Lucilla

________________________________
Da: S. Moonesamy <sm+af at afrinic.net>
Inviato: Tuesday, February 23, 2021 10:58:28 AM
A: JORDI PALET MARTINEZ <jordi.palet at consulintel.es>; rpd at afrinic.net <rpd at afrinic.net>
Oggetto: Re: [rpd] Selecting WG Co-Chairs: Was Re: Can a Consensual Decision of the PDWG Violate the PDP? (was: Report from Recall Committee)

Dear Jordi,
At 01:31 AM 22-02-2021, JORDI PALET MARTINEZ wrote:

>Even if the situation is not urgent for you, it is for others in the

>PDWG. Even if this is only my case, I think it is important. So

>please, forget for a minute if it is important or not, let's stick

>to the wording of 11.4 and my question, and let me to rephrase them

>to exclude the emergency aspect:

>

>Is the Board understanding that they can adopt policies only related

>to Resources or also policies not related to resources which

>modifying the CPM/PDP?

>

>I've added CPM/PDP, because we can see in the CPM parts witch are

>"clearly" related to resources, others "indirectly" related to

>resources, and others clearly related to the PDP itself and not

>Resources at all.


Your question is about the applicability of that article in the
Constitution.  The article was written after the current policy
development process.  The wording is most likely based on legal
advice which AFRINIC received as that is the general practice.

The circumstances are relevant to the application of a policy.  If I
am not mistaken, it is similar for the Constitution.  I could not
find a valid reason for looking into the applicability of Article
11.4 of the Constitution.  I also took into consideration the fact
that you ruled out the quality of it being worthy of attention.

Regards,
S. Moonesamy

Board Chair, AFRINIC


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