[governance] Appeals Team - Call for Comments and Interim Findings

[parminder]

A few comments for the consideration of the appeals team. Although an id 
to send these comments directly to the appeals commitee is provided, I 
much prefer to make this comments publicly.

1. I think Suresh should be reinstated immediately because the 
conditions of his 'removal from the list' are not met.

2. However, I will caution the appeals team against summarily 
overturning a decision of a co-coordinator merely on technical grounds 
without making any comments whatsoever on the substantive issues 
involved. The problem is that there very often isnt a strict meeting of 
all the required provisions for so many activities of the IGC. For 
instance, even for the current Noncom process for selection of MAG 
nominees, it is an indisputable fact that all the laid down technical 
conditions for setting up the nomcom were not met. Does it mean that if 
4 people were to appeal against the setting up of the nomcom, the 
decision to set up the nomcom, and its subsequent outputs will be struck 
down?

3. In the case of Suresh, technical conditions of 'removal from the 
list' may not have been met. But a point for the appeals committee to 
make a judgement on also is 'whether conditions of suspension from the 
list are met or not'. Because, /in practical terms/, if Suresh is to be 
reinstated within a month, the action of co-coordinator  has, till now, 
only amounted to his suspension from the list. It may not be right for 
the appeal committee to take too narrow a construction of the fact that 
the co-coordinator pronounced the decision of 'removal from the list', 
and simply judge it as wrong, doing nothing more. The committee needs to 
address, and judge, the context fully of the efforts of the 
co-coodinator to impose the necessary minimum decorum and orderliness on 
the elist in this particular case, and corresponding the conduct of the 
member against whom the 'removal' decision was given.

4. Accordingly, if on substance, and not merely on technical grounds, 
the disciplining efforts of the co-coordinator are found appropriate, 
the merit of the intent of her decision may still be salvaged by turning 
the 'removal' decision to 'suspension' decision, whereby Suresh is 
immediately put back on the list.

parminder

On Friday 18 January 2013 04:55 AM, Ian Peter wrote:
>
> In accordance with the IGC Charter, the Appeals team is now requesting 
> comments from the IGC membership as regards the appeal against the 
> removal from the IGC list of Suresh Ramasubramanian. Comments should 
> be sent to appealsteam at lists.igcaucus.org 
> <mailto:appealsteam at lists.igcaucus.org>
>
> In doing so, we announce that our interim finding is that Suresh’s 
> removal from the IGC list was not in accordance with the IGC Charter. 
> The Charter offers a specific set of procedures which must be followed 
> before such removal takes place. In this case, the previous private 
> and public warnings given to Suresh needed to be followed by a one 
> month suspension, not removal from the list. As Suresh has not 
> previously served a one month suspension, we have no option but to 
> find the appeal is upheld. Therefore we intend to recommend that, when 
> we publish our final findings, as soon as possible after the public 
> comments period ends 48 hours after this posting, Suresh should be 
> reinstated to the list.
>
> We do suggest that, should you wish to comment, you first acquaint 
> yourself with the very specific provisions outlined in the IGC 
> charter, which can be found at http://www.igcaucus.org/charter. It is 
> those provisions, and whether they have been followed or not, that 
> must determine whether the appeal should be upheld, not our personal 
> opinions on the decision made by our elected co-ordinator.
>
> Please comment within 48 hours. After the comments period has ended, 
> we will post our findings with appropriate recommendations.
>
> TheAppeals Team
>
> Shaila Mistry, Ginger Paque, Roland Perry , Ian Peter and Deidre Williams.
>

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