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<p>Dear PDWG, <br>
</p>
<p>Dear Board Chair,<br>
</p>
<p>I believe there is nothing wrong with a 3-persons AC, in as much
as all their decision at the time of membership depletion to 3, is
Unanimous. It will however be a serious problem, if any of their
decisions, post-resignation is a split, ie 2-1.<br>
</p>
<p><br>
</p>
<p>In addressing the action of the board in its communication to the
AC, the relevant sections of the TOR are:<br>
</p>
<p><br>
<b>2.3. In the event that a member of the appeal committee is the
author or co-author of a
policy which becomes the subject of an appeal brought before
this committee, any such
member must recuse himself from the deliberations and must
abstain from all votes taken
by this committee in regards to such policy. If the committee or
the board believe it
necessary, the board shall appoint temporary replacement members
to the committee
based on the same eligibility requirements by which the affected
members were
appointed.</b></p>
<p><b>3.3. </b><b>Terms </b><b><br>
</b></p>
<p><b>3.3.1. The Board has the right to replace any or all Appeal
Committee members at any
time. Such decision of the Board must be by at least
three-quarters of the Board </b><b><br>
</b></p>
<p><b>3.3.2. Every three (3) years, or more often at its sole
discretion, the Board shall replace
the entire Appeal Committee. </b><b><br>
</b></p>
<p><b>3.3.3. The board may review candidates appointed under section
3.1.1 and where
applicable shall replace them with candidates fitting the
criteria in section 3.1.1 </b><b><br>
</b></p>
<p><b>3.3.4. In the event that an appeal is in progress at a time
when the Board considers
replacement of any or all Appeal Committee members, then the
Board should delay any
such replacement until such time as there is no appeal in
progress; except that, if there
continue to be appeals in progress after six (6) months, then
the Board shall not delay any
longer. </b><b><br>
</b></p>
<p><b>3.4. Filling of Vacancies </b><b><br>
</b></p>
<p><b>3.4.1. In the event of a resignation, or a Board decision to
replace a member of the
Appeal Committee, or any other reason for a vacancy, then a
replacement member shall
be selected by process described in 3.1</b></p>
<p><br>
</p>
So, Per the TOR: <br>
<p>1. Asking the AC to stop work, is not the same as a decision to
replace any of the members of the AC. So, that action is not in
alignment with the TOR</p>
<p>2. The Board has the right to replace any or all of the Appeal
Committee, however, 75% of Board members must take that decision.
(vide 3.3.1).</p>
<p>3. What is needed is not a replacement, it is filling of
vacancies. (vide 3.4.1)<br>
</p>
4. Even if the Board wants to replace a member of the AC, it shall
delay for up to 6 months, if there are appeals in progress (Vide
3.3.4).
<p>5. The TOR does not talk about Quorum, or the need for the full
complement of the members to hear all appeals. Indeed, it
recognizes that members may recuse themselves from hearing an
appeal (vide 2.3.3)<br>
</p>
<p>For emphasis, if the depleted AC maintains a run of Unanimous
decisions on its decisions, it is good for the working group and
No cause for alarm.<br>
</p>
<p>It is the responsibility of the Board (If it believes it needs to
fill the vacancy or the committee requests so) to inform the PDWG
that it wants to appoint temporary or permanent members to fill
the vacuum occasioned by the resignations. It can also ask for
some time to process and those appointments.<br>
</p>
<p>Could this be the intention of the Board with that communication
to the AC? Chair can please clarify.</p>
Thanks.
<p>Sunday.<br>
</p>
<p><br>
</p>
<div class="moz-cite-prefix">On 2/19/21 11:41 AM, Sami Ait Ali
Oulahcen via RPD wrote:<br>
</div>
<blockquote type="cite"
cite="mid:a3450212-ab32-f284-b9b0-7f059f632ebc@marwan.ma">Hi,
<br>
<br>
My understanding of the ToR was that the current situation falls
under 3.4 (filling of vacancies) and not 3.3.4 (replacement).
<br>
Imagine a scenario where all members of the committee resign and
an appeal is in progress, if this falls under section 3.3.4, then
no one shall be replaced leaving an empty committee to judge.
<br>
Maybe legal can shed more light on this ?
<br>
<br>
Regards,
<br>
Sami
<br>
<br>
On 2/19/21 7:57 AM, Dr P Nyirenda wrote:
<br>
<blockquote type="cite">
<br>
Board Chair, AFRINIC,
<br>
<br>
The Appeal Committee (AC) held its scheduled meeting on
Thursday, 18 Feb 2021, online
<br>
where it also considered on it agenda your e-mail sent to
individual Appeal Committee
<br>
members as copied here below.
<br>
<br>
As you will see in the AC minutes soon to be published, the
quorate meeting was chaired by
<br>
Adam Nelson and I was asked to send you a reply to your e-mails.
<br>
<br>
The Committee noted in its terms of reference (ToR) that the
AFRINIC Board has the right to
<br>
replace any or all Appeal Committee members subject to ToR
Section 3.3.1 among others,
<br>
see <a class="moz-txt-link-freetext" href="https://afrinic.net/policy/appeal-committee#tor">https://afrinic.net/policy/appeal-committee#tor</a>
<br>
<br>
However the Committee observed in Section 3.3.4 of the ToR that:
<br>
"3.3.4. In the event that an appeal is in progress at a time
when the Board considers
<br>
replacement of any or all Appeal Committee members, then the
Board should delay any such
<br>
replacement until such time as there is no appeal in progress;
except that, if there continue to
<br>
be appeals in progress after six(6) months, then the Board shall
not delay any longer."
<br>
<br>
The Committee then agreed to finalise processing the appeal that
was in progress after
<br>
which the Committee agreed to await further direction from the
Board.
<br>
<br>
Here then attached, for your copy, is the finalised Appeal
Committee report on the policy
<br>
compliance dashboard proposal AFPUB-2020-GEN-001-DRAFT01 that
the Appeal
<br>
Committee has now finalised and has already submitted to the
PDWG through the RPD
<br>
mailing list as its ToR require.
<br>
<br>
The Appeal Committee would like to bring to your attention that
there are two appeals also in
<br>
progress as listed in the AC timeline
<a class="moz-txt-link-freetext" href="https://afrinic.net/policy/appeal-committee#appeals">https://afrinic.net/policy/appeal-committee#appeals</a> that
<br>
are subject to ToR Section 3.3.4 and hence the AC awaits further
directions from the PDWG
<br>
and/or the Board.
<br>
<br>
Regards,
<br>
<br>
Dr Paulos B Nyirenda
<br>
AFRINIC Appeal Committee Member
<br>
<br>
<br>
------- Forwarded message follows -------
<br>
Date sent: Thu, 18 Feb 2021 05:17:56 -0800
<br>
To: P Nyirenda
<a class="moz-txt-link-rfc2396E" href="mailto:paulos@sdnp.org.mw"><paulos@sdnp.org.mw></a>
<br>
From: 0; <a class="moz-txt-link-abbreviated" href="mailto:chair@afrinic.net">chair@afrinic.net</a>
<br>
Subject: A ppeal Committee status
<br>
Copies to: pdwg-appeal-commi <a class="moz-txt-link-abbreviated" href="mailto:ttee@afrinic.net">ttee@afrinic.net</a>,
<a class="moz-txt-link-abbreviated" href="mailto:legal@afrinic.net">legal@afrinic.net</a>
<br>
<br>
<br>
Dear Dr Nyirenda,
<br>
<br>
We refer to the two recent resignations from the Appeal
Committee.
<br>
<br>
AFRINIC stands legally advised that in line with the AFRINIC
Policy
<br>
Development Appeal Committee Terms of Reference, Version 2
(2017),
<br>
the Appeal Committee is a committee made up of five members.
<br>
<br>
Since the committee is no longer properly constituted, the
remaining
<br>
members cannot continue with their work until the committee is
<br>
re-constituted by the AFRINIC Board of Directors.
<br>
<br>
We thank you for your understanding and your usual
collaboration.
<br>
<br>
Regards,
<br>
S. Moonesamy
<br>
<br>
Board Chair, AFRINIC
<br>
Mobile: +230 5824 5410
<br>
<br>
<br>
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</blockquote>
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