[governance] Decision [Imran Ahmed Shah] Complaint against MAG Nomination
Adam Peake
ajp at glocom.ac.jp
Mon Feb 27 04:44:11 EST 2012
Fouad, don't worry I don't think anyone is suggesting your name not go
forward with the other nominees for the renewed MAG. But it's a good
idea we make clear when advertising the various voluntary positons
that people know what it means to offer to serve.
Adam
On Mon, Feb 27, 2012 at 6:05 PM, Fouad Bajwa <fouadbajwa at gmail.com> wrote:
> 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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