[rpd] Appeal Committee ToR Version 3

[ABDULKARIM OLOYEDE]

Dear Owen and Community.

+1

Thanks

On Thu, Jul 15, 2021 at 10:36 PM Owen DeLong via RPD <rpd at afrinic.net>
wrote:


> This is a clear power grab by the board designed to allow them to place

> their thumb firmly on the scales of any appeal.

>

> I urge the community and membership to reject these terms of reference in

> favor of a terms that create an independent judiciary process to hear

> appeals rather than a rubber stamp for the boards desires.

>

> The sentence in (A)2 is utterly incompatible with the limitations

> expressed in (A)1.

>

> This is too small of a committee to provide valid representation of such a

> diverse community. A five member committee is relatively small, but

> probably about right for the tradeoffs of manageability. Ideally, IMHO, a

> five member committee with a quorum of 3 in order to transact business, but

> at least one from each of the last two groups described below.

>

>         One former board member appointed by the current board.

>         Two former co-chairs selected by the current co-chairs.

>         Two active members of the PDWG elected by the PDWG.

>

> Each appeal committee member other than the former board member should

> serve a two year term. The former co-chairs should be elected in alternate

> years, as should the PDWG members.

>

> The former board member should be appointed by the board on an annual

> basis.

>

> Should the board decide that a need exists to reconstitute the committee,

> the board should hold special elections and the PDWG participants should

> elect two former co-chairs and 2 PDWG members. The candidates getting the

> highest votes in each category should serve the longest remaining term

> while the shorter remaining term will go to the candidate with the next

> highest vote count. The co-chairs shall appoint a new former board member.

>

> No changes should be possible to the committee during an appeal save by

> resignation of committee member(s). In the event of such resignations, the

> committee should proceed with the remaining members until only 2 are left.

> In the unlikely event that at least 3 of the 5 members resign during an

> appeal, non-AFRNIC appointees to the ASO AC should be requested to fill-in

> for the completion of any in-progress appeals.

>

> For the appeal committee to properly act in its appellate role in the

> process, it must remain an independent judiciary body not subject to the

> political whims of the day or to undue pressure or influence from the

> current board of trustees. The above recommendations are intended to

> achieve that end.

>

> If others feel there is a better way to achieve such an end, I welcome an

> active and open discussion of the alternatives. However, it is quite clear

> that the ToR presented by the board do not constitute an independent

> judiciary and are designed to make the boards thumb weigh heavily on the

> scales of any appeal. This is contrary to the very ideals of an open bottom

> up transparent process.

>

> Owen

>

>

> _______________________________________________

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> RPD at afrinic.net

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>


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