[governance] Decision [Imran Ahmed Shah] Complaint against MAG Nomination

Fouad Bajwa fouadbajwa at gmail.com
Mon Feb 27 04:05:17 EST 2012 

Dear All, the appeals team ended October 2011. Its not my fault that
IGC did not renew it. I was selected on that team in October 2010 and
my term expired October 2011. Beyond that I have not expressed to
serve on the appeals team and have no interest to do so. If I was on
any committee, I would have resigned to continue my contributions on
the MAG.

Either way, I don't want to remain on any appeals team.

Best

Fouad

On Mon, Feb 27, 2012 at 11:08 AM, Adam Peake <ajp at glocom.ac.jp> wrote:
> I'm torn between Ian and Parminder's both sensible comments.
>
> I think in practice we've always had committees run over their term,
> people have stayed (I think) until replaced.
>
> Better to try and make sure it doesn't happen again.  Fouad should
> have been aware that as an appeals team member he wouldn't be eligible
> for nomination (note we were expecting MAG renewal last year when he
> was in the middle of his term on the appeals team.)  Should make clear
> what volunteering for these positions means (and not intending to
> criticize Fouad for enthusiasm to help.)
>
> We need a better calendar to make sure committees are renewed. Should
> be automatic.
>
> Thanks,
>
> Adam
>
>
>
>
> On Mon, Feb 27, 2012 at 2:04 PM, parminder <parminder at itforchange.net> wrote:
>>
>>
>> On Monday 27 February 2012 01:23 AM, 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.
>>
>>
>> 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.)
>>
>> However, in my opinion, the decision is wrong in declaring that the appeals
>> committee does not exist at all.
>>
>> (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.)
>>
>> parminder
>>
>>
>> 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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