[governance] Decision [Imran Ahmed Shah] Complaint against MAG Nomination
Salanieta T. Tamanikaiwaimaro
salanieta.tamanikaiwaimaro at gmail.com
Sun Feb 26 16:47:22 EST 2012
On Mon, Feb 27, 2012 at 8:29 AM, Avri Doria <avri at acm.org> wrote:
> Hi,
>
> Theoretically, if anyone had been paying attention to the charter, he
> should have resigned from the appeals team before being selected and
> perhaps even before applying.
>
> from http://www.igcaucus.org/node/2
>
>
Your comments are based on the assumption that there is an Appeals Team.
Issue - Is there an Appeals Team?
*Things to consider: *
* *
- Under the Charter, what is the term of the Appeal Team appointment?
- When was the NomCom commissioned to activate the process of selection
of the Appeal Team?
- Was there a renewal process by the NomCom?
- When did the renewal process occur?
- Under the Charter, can the Appeal Team assume that their term extends
beyond one year of their prescribed term? [If so what is the basis of the
assumption and is it prescribed under the Charter?]
> All nomcom participants, voting and non voting, will be disqualified from
selection as candidates for the list or team being chosen. Members of the
current appeals team will also be disqualified from being chosen.
As others have said, the practice in IGC is one serves until they are
replaced and I do not see anything in the charter that would determine
otherwise.. Based on that practice, we still do have an appeals team
composed of:
http://www.igcaucus.org/appeals-team
> 2010
> Avri Doria (North America/Europe), Charity Gamboa-Embley (North
America/Southeast Asia), Fouad Bajwa (South Asia), Ginger Paque (LAC) and
Lee McKnight (North America).
avri
>
>
> On 26 Feb 2012, at 14:53, Ian Peter wrote:
>
> >
> >
> > 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.
> >
> > 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.
> >
> > Ian
> >
> >
>
> > From: "Salanieta T. Tamanikaiwaimaro" <
> salanieta.tamanikaiwaimaro at gmail.com>
> > Reply-To: <governance at lists.igcaucus.org>, "Salanieta T.
> Tamanikaiwaimaro" <salanieta.tamanikaiwaimaro at gmail.com>
> > Date: Sun, 26 Feb 2012 18:30:11 +1200
> > To: <governance at lists.igcaucus.org>, parminder <
> parminder at itforchange.net>
> > Subject: Re: [governance] Decision [Imran Ahmed Shah] Complaint against
> MAG Nomination
> >
> > Dear Parminder,
> >
> > Come, let us reason together and dialogue around the Charter.
> >
> > 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.
> >
> > 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.
> >
> > 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.
> >
> > 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:.
> >
> > 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.]
> >
> > 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.
> >
> > 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.
> >
> > 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.
> >
> > My comments are inline:
> > On Sun, Feb 26, 2012 at 5:41 PM, parminder <parminder at itforchange.net>
> wrote:
> >> Dear Sala
> >>
> >> 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.
> >
> >> However, I am unable to agree with your judgement which summarily
> disposes off one of most important institutions of the IGC - the appeals
> committee.
> >
> > 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.
> >
> >> 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.
> >>
> > 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.
> >
> >> 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.
> >
> > 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.
> >
> >
> >> 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.
> > 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]
> >
> >> In the view, I think, your judgement disposing off the appeal committee
> is wrong.
> >
> > The decision was based on the Charter.
> >
> >> And it is dangerous to the extent that we are right now left with no
> appeals committee.
> >
> > 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?
> >>
> >> 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....
> >>
> > 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.
> >
> >> I would request you, and Izumi, to amend your judgement in this respect.
> >
> > 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.
> >
> >> In my view the appeals committee exists as present, while coordinators
> should start the process of selecting a new one at the earliest.
> >
> > That's just the thing, it's not about our view, it's the Charter. My
> recommendations are to review the Charter.
> >
> > Respectfully,
> >
> > parminder
> >
> >>
> >> On Thursday 16 February 2012 06:19 PM, Salanieta T. Tamanikaiwaimaro
> wrote:
> >>> Dear Imran,
> >>>
> >>> 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.
> >>>
> >>> Let me know if you would like to discuss the same.
> >>>
> >>> Kind Regards,
> >>>
> >>> --
> >>> Salanieta Tamanikaiwaimaro aka Sala
> >>>
> >>> Tweeter: @SalanietaT
> >>> Skype:Salanieta.Tamanikaiwaimaro
> >>> Cell: +679 998 2851 <tel:%2B679%20998%202851>
> >>>
> >>>
> >>>
> >>
> >> ____________________________________________________________
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> >
> >
> >
> > --
> > Salanieta Tamanikaiwaimaro aka Sala
> >
> > Tweeter: @SalanietaT
> > Skype:Salanieta.Tamanikaiwaimaro
> > Cell: +679 998 2851
> >
> >
> >
> >
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>
> ____________________________________________________________
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>
--
Salanieta Tamanikaiwaimaro aka Sala
Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Cell: +679 998 2851
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