[governance] Decision [Imran Ahmed Shah] Complaint against MAG Nomination
Fouad Bajwa
fouadbajwa at gmail.com
Mon Feb 27 05:19:15 EST 2012
+1
Fouad
On Mon, Feb 27, 2012 at 2:44 PM, Adam Peake <ajp at glocom.ac.jp> wrote:
> 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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>>>
>>>
>>> ____________________________________________________________
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>
>
> ____________________________________________________________
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--
Regards.
--------------------------
Fouad Bajwa
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