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On Monday 27 February 2012 01:23 AM, Ian Peter wrote:
<blockquote cite="mid:CB70D8F6.2182D%25ian.peter@ianpeter.com"
type="cite">
<title>Re: [governance] Decision [Imran Ahmed Shah] Complaint against
MAG Nomination</title>
<font face="Calibri, Verdana, Helvetica, Arial"><span
style="font-size: 11pt;"><br>
<br>
To me the key is this – should a member of the Appeals Team, whose term
of commitment for one year has expired, be allowed to stand for other
office? To me the answer is clearly yes. The only proviso would be that
they then stand down from Appeals Team if selected. As I understand it
Fouad is quite willing to do this if he has not done so already.<br>
<br>
So I have no problem at all with the decision, and I note Parminder is
not against the decision either. I think Sala’s decision was completely
right and will leave interpretation of the Charter to others. <br>
</span></font></blockquote>
<br>
In my opinion Sala's decision may be right to the extent that we cannot
*too strictly* apply 'behaviour constraining' rules to a member of
appeals committee past the period for which it was first constituted,
though due diligence may require both the concerned member to have
expressly disassociated himself from the the committee and the
co-coordinators to have raised the issue. (Here again the 'problem'
comes up that one of the two co-coordinators - the more experienced one
- was himself a nominee and perhaps not in a position to do so, about
which issue too I request seeking a resolution.)<br>
<br>
However, in my opinion, the decision is wrong in declaring that the
appeals committee does not exist at all. <br>
<br>
(Taking our lesson, we should add to the charter that; All IGC
appointments stand till replacements take office, or else are removed
by due process. This I think is implied at present but can be made
explicit.)<br>
<br>
parminder <br>
<br>
<blockquote cite="mid:CB70D8F6.2182D%25ian.peter@ianpeter.com"
type="cite"><font face="Calibri, Verdana, Helvetica, Arial"><span
style="font-size: 11pt;"><br>
Ian <br>
<br>
<br>
<hr size="3" width="95%" align="CENTER"><b>From: </b>"Salanieta T.
Tamanikaiwaimaro" <<a moz-do-not-send="true"
href="salanieta.tamanikaiwaimaro@gmail.com">salanieta.tamanikaiwaimaro@gmail.com</a>><br>
<b>Reply-To: </b><<a moz-do-not-send="true"
href="governance@lists.igcaucus.org">governance@lists.igcaucus.org</a>>,
"Salanieta T. Tamanikaiwaimaro" <<a moz-do-not-send="true"
href="salanieta.tamanikaiwaimaro@gmail.com">salanieta.tamanikaiwaimaro@gmail.com</a>><br>
<b>Date: </b>Sun, 26 Feb 2012 18:30:11 +1200<br>
<b>To: </b><<a moz-do-not-send="true"
href="governance@lists.igcaucus.org">governance@lists.igcaucus.org</a>>,
parminder <<a moz-do-not-send="true" href="parminder@itforchange.net">parminder@itforchange.net</a>><br>
<b>Subject: </b>Re: [governance] Decision [Imran Ahmed Shah]
Complaint against MAG Nomination<br>
<br>
Dear Parminder,<br>
<br>
Come, let us reason together and dialogue around the Charter.<br>
<br>
To set a bit of context please note that I was only applying the
Charter. The IGC is subject to the Charter, it therefore follows that
every decision must be aligned to the Charter. <br>
<br>
The Charter expressly states, and I mentioned it in my arriving at that
decision that the Appeals Team's tenure or term is for a year from when
they were appointed. It is critical to note that under the Charter,
only the NomCom can appoint the Appeals Team.<br>
<br>
Kindly note that there is currently only one NomCom at the moment that
were specifically tasked with selecting the MAG Nominees. Under the
Charter, there are several ways to appoint the NomCom to select the
Appeal Team.<br>
<br>
On one hand there is the possibility of commissioning the current
NomCom to , aside from selecting the MAG Nominees, to appoint the
Appeal Team. When I said, that I was walking a tight rope, I was not
exaggerating, I had to factor in the possibility of people complaining
about the Nom Com and so if that same NomCom were to select the Appeal
Team, there would be possibilities of "conflict:.<br>
<br>
Then the other consideration is that where the integrity of the NomCom
is being questioned, it invalidates their potential capacity to even
"renew" the Appeal Team or select a new Appeal Team. [I will say that I
was very impressed with Tom's leadership in the NomCom and his ability
to steer his Team and warmly congratulate him and his team for steering
through the reefs.]<br>
<br>
This could potentially mean leaving the Coordinators with the option to
activate the two months notification required for the selection of a
new Appeal Team where we are unable to use the current NomCom.<br>
<br>
In fact every year the Appeals Team should be selected, I suspect the
case has been in the past that there may have been lapses in activating
the NomCom to select new Appeal members or the NomCom on their own(not
by force/coercision of the list, and most of all not by the
Coordinators influence directly or indirectly or pressure must when
commissioned to select Appeal members) select the Appeal members
according to the rules and procedures prescribed in the Charter.<br>
<br>
Izumi and I will be having our monthly meeting tomorrow and this is
certainly something on the Agenda. We have not made a decision yet to
put to the list. <br>
<br>
My comments are inline:<br>
On Sun, Feb 26, 2012 at 5:41 PM, parminder <<a moz-do-not-send="true"
href="parminder@itforchange.net">parminder@itforchange.net</a>>
wrote:<br>
</span></font>
<blockquote><span style="font-size: 11pt;"><font
face="Helvetica, Verdana, Arial">Dear Sala<br>
<br>
Let me first state that, as a fait accompli, I would like Fouad's
nomination to stand as I suspect that it is the IGC's wish (and I
concur) that, although there have been numerous procedural problems
with this nomcom process, it would not want its outcomes to be
nullified. <br>
</font></span></blockquote>
<span style="font-size: 11pt;"><font
face="Calibri, Verdana, Helvetica, Arial"> <br>
</font></span>
<blockquote><span style="font-size: 11pt;"><font
face="Helvetica, Verdana, Arial">However, I am unable to agree with
your judgement which summarily disposes off one of most important
institutions of the IGC - the appeals committee. <br>
</font></span></blockquote>
<span style="font-size: 11pt;"><font
face="Calibri, Verdana, Helvetica, Arial"> <br>
Correction: I did not dispose of the Appeal Team. The Charter did. I
have no power to dispose of the Appeal Team, only the Charter can.
There are many lawyers on this list, I am sure. I have also explained
above.<br>
<br>
</font></span>
<blockquote><span style="font-size: 11pt;"><font
face="Helvetica, Verdana, Arial">The judgement, in my view, is also
unmaintainable because it comes from an authority, an IGC
co-coordinator, to check whose possible abuse of power - whether
deliberate or inadvertent - is one of the most important task of the
appeal's committee. Almost sounds like a coup :). Well, only joking, in
this instance.<br>
<br>
</font></span></blockquote>
<span style="font-size: 11pt;"><font
face="Calibri, Verdana, Helvetica, Arial">If you accuse me for abusing
my power when I applied the Charter, please provide for a specific
provision within the Charter to show me the abuse. What specific
provision within the Charter in your view was violated.<br>
<br>
</font></span>
<blockquote><span style="font-size: 11pt;"><font
face="Helvetica, Verdana, Arial">All IGC office bearers have stood in
their office till replaced by new ones. Coordinators have often taken
decisions past their 2 year period, till they are replaced by a new
set. <br>
</font></span></blockquote>
<span style="font-size: 11pt;"><font
face="Calibri, Verdana, Helvetica, Arial"> <br>
Was this because the NomCom renewed their appointments? (This may have
been the case). In this instance there was no communications made by
the Coordinators to activate the re-selection or selection of Appeal
members. We were actively preparing to go through this process but as I
said each time I had to make a decision I was conscious of the things
that lay ahead and some decisions I made was made with that holistic
view in mind. I did say that with the narrow options available, it's a
tight rope.<br>
<br>
<br>
</font></span>
<blockquote><span style="font-size: 11pt;"><font
face="Helvetica, Verdana, Arial">And appeals committees have also
previously continued in the same way, till a new one is appointed. This
is the IGC convention, and its practical need and importance should be
obvious. <br>
</font></span></blockquote>
<span style="font-size: 11pt;"><font
face="Calibri, Verdana, Helvetica, Arial">The Charter says otherwise.
This is why the Charter, in my view needs revising to allow for an ad
hoc process to select temporary Appeals members at least until the new
one is appointed. Remember of the options available in terms of
selection of NomComs, we only have one. The complexity of the issue was
excarcebated by the fact that people were challenging the NomCom, who
at this point in time is the only option to be able to select or
reselect an Appeals Team. With that in jeopardy....[I will wait for
discussions with Izumi and we will revert to the list]<br>
<br>
</font></span>
<blockquote><span style="font-size: 11pt;"><font
face="Helvetica, Verdana, Arial">In the view, I think, your judgement
disposing off the appeal committee is wrong. <br>
</font></span></blockquote>
<span style="font-size: 11pt;"><font
face="Calibri, Verdana, Helvetica, Arial"> <br>
The decision was based on the Charter. <br>
<br>
</font></span>
<blockquote><span style="font-size: 11pt;"><font
face="Helvetica, Verdana, Arial">And it is dangerous to the extent
that we are right now left with no appeals committee. <br>
</font></span></blockquote>
<span style="font-size: 11pt;"><font
face="Calibri, Verdana, Helvetica, Arial"> <br>
I agree but the closest option to re-selecting the Appeals Team is the
current NomCom and in questioning the current NomCom, you are
questioning the capacity to come up with legitimate decisions. It is a
tight rope, is it not?<br>
</font></span>
<blockquote><span style="font-size: 11pt;"><font
face="Helvetica, Verdana, Arial"><br>
An unsure and unclear nomcom with one of the two coordinator
incapacitated and no appeals committee looks like not a very good
situation for us to be....<br>
<br>
</font></span></blockquote>
<span style="font-size: 11pt;"><font
face="Calibri, Verdana, Helvetica, Arial">This is not the first
procedural matter or administrative legal matter that I have dealt with
and in fact is very simple. We need to fully review current procedures
and guidelines.<br>
<br>
</font></span>
<blockquote><span style="font-size: 11pt;"><font
face="Helvetica, Verdana, Arial">I would request you, and Izumi, to
amend your judgement in this respect. <br>
</font></span></blockquote>
<span style="font-size: 11pt;"><font
face="Calibri, Verdana, Helvetica, Arial"> <br>
You are asking me to go against the Charter and renew the Appeals team
which the only legitimate entity to do this is the NomCom which you
have attacked. Izumi in this instance cannot amend it as he is a
nominee and had recused himself of the matter. I am ao happy to step
down as Coordinator if it is the will of the list. <br>
<br>
</font></span>
<blockquote><span style="font-size: 11pt;"><font
face="Helvetica, Verdana, Arial">In my view the appeals committee
exists as present, while coordinators should start the process of
selecting a new one at the earliest. <br>
</font></span></blockquote>
<span style="font-size: 11pt;"><font
face="Calibri, Verdana, Helvetica, Arial"> <br>
</font><font face="Arial">That's just the thing, it's not about our
view, it's the Charter. My recommendations are to review the Charter.<br>
</font><font face="Calibri, Verdana, Helvetica, Arial"> <br>
</font><font face="Arial">Respectfully,<br>
</font><font face="Calibri, Verdana, Helvetica, Arial"> <br>
</font><font color="#888888"><font face="Helvetica, Verdana, Arial">parminder
<br>
<br>
</font></font></span>
<blockquote><span style="font-size: 11pt;"><font
face="Calibri, Verdana, Helvetica, Arial"><br>
On Thursday 16 February 2012 06:19 PM, Salanieta T. Tamanikaiwaimaro
wrote: <br>
</font></span>
<blockquote><span style="font-size: 11pt;"><font
face="Calibri, Verdana, Helvetica, Arial">Dear Imran, <br>
<br>
Further to your complaint that you sent on February 2nd, 2012 and the
MAG NomCom Report sent to the list yesterday on February 16th, 2012,
kindly find the decision on the complaint that was raised on the 2nd
February, 2012.<br>
<br>
Let me know if you would like to discuss the same.<br>
<br>
Kind Regards,<br>
<br>
-- <br>
Salanieta Tamanikaiwaimaro aka Sala<br>
<br>
Tweeter: @SalanietaT<br>
Skype:Salanieta.Tamanikaiwaimaro<br>
Cell: +679 998 2851 <tel:%2B679%20998%202851> <br>
<br>
</font><font color="#222222"><font face="Arial"><br>
</font></font><font face="Calibri, Verdana, Helvetica, Arial"><br>
</font></span></blockquote>
<span style="font-size: 11pt;"><font
face="Calibri, Verdana, Helvetica, Arial"><br>
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<span style="font-size: 11pt;"><font
face="Calibri, Verdana, Helvetica, Arial"><br>
<br>
<br>
-- <br>
Salanieta Tamanikaiwaimaro aka Sala<br>
<br>
Tweeter: @SalanietaT<br>
Skype:Salanieta.Tamanikaiwaimaro<br>
Cell: +679 998 2851<br>
<br>
</font><font color="#222222"><font face="Arial"><br>
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