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

[Suresh Ramasubramanian]

I thank the appeals team for their efforts to bring clarity to this situation 

--srs (htc one x)


----- Reply message -----
From: "Ian Peter" <ian.peter at ianpeter.com>
To: "IGC" <governance at lists.igcaucus.org>
Subject: [governance] Appeals Team - Call for Comments and Interim Findings
Date: Sun, Jan 20, 2013 5:16 AM


Thanks everyone for the comments, both on list and off list.

We are now preparing our final report, which is likely to contain a few 
relevant recommendations. That might take a couple of days to finalise.

Ian Peter

-----Original Message----- 
From: Avri Doria
Sent: Sunday, January 20, 2013 3:50 AM
To: IGC
Subject: Re: [governance] Appeals Team - Call for Comments and Interim 
Findings


On 19 Jan 2013, at 06:35, parminder wrote:

>
> 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.

On this we agree.

>
> 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?

Seems reasonable to me.

They would then have to decide whether they thought that the Coordinator(s) 
had sufficient popular support for the change and that it had been properly 
discussed on the list.  They would have something to weigh it against.

I think the technicalities are sufficient cause for an appeal and that they 
should prevail unless there is proof that some process intervened.  This 
case, any case of a coordinator going against the charter without proper 
list discussion before doing so, should be remedied.

>
> 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.

Certainly, but only in the case that the community of the IGC was included.

>
> 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.

I disagree.  I support the appeals team using extenuating circumstance and 
list discussion to go beyond the charter.  I do not accept them substituting 
their views on the substance for the charter.

>
> parminder

avri








____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.igcaucus.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.igcaucus.org/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t 


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.igcaucus.org/pipermail/governance/attachments/20130120/7048db4d/attachment.htm>
-------------- next part --------------
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.igcaucus.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.igcaucus.org/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t