> On 7 Nov 2016, at 05:51, Owen DeLong <[email protected]> wrote:
>>> However, if 13.8 is to be implemented, there must be a mechanism defined 
>>> for the priority, order of operations, and precedence involved as well as 
>>> the procedure for resolving any conflicts between the election result and 
>>> this provision.
>> 
>> When there’s an election, it’s usually clear whether or not winning the 
>> election would violate one of the per-company, per-subregion, or per-country 
>> quota limits, but multiple simultaneous elections could cause confusion.  Do 
>> we need to legislate an order of priority, such as elections for regional 
>> seats 1 to 6 take priority over elections for non-regional seats 7 and 8 
>> when deciding which winner should be disqualified on grounds of violating 
>> one of the quota limits?
>> 
>> When an elected Director changes their employment or place of residence, 
>> such that these limits are violated, then somebody has to resign, but is it 
>> the one who is moving, or the one who was already there?  I don’t see a need 
>> to legislate this.
> 
> If you do not legislate it, then what do you do when it comes up? In my 
> experience, AfriNIC has a history of wasting substantial time and energy on 
> dealing with situations not properly accounted for in its election procedures 
> and/or open questions such as this when triggered.
> 
> As such, I’d much rather see a policy considered by the community and adopted 
> than a “we’ll make it up as we go along if it becomes necessary” approach.

I will propose text to deal with this.

>>> Point 13, No objection, but a concern that the determination of 
>>> “endorsement” is left open to interpretation. Is that a majority vote of 
>>> those present in the PPM? The determination of the PDWG co-chairs after the 
>>> PPM as to whether endorsement was achieved? Some other criteria? I believe 
>>> here, especially, we should be quite explicit in defining the process to be 
>>> followed and the mechanism by which endorsement is given, or, most 
>>> importantly, withheld.
>> 
>> The vagueness was already present.
> 
> This isn’t a surprise. However, I think taking this opportunity to remove 
> that vagueness is worth consideration at least.
> 
>> I think that community endorsement of policy created by the Board should 
>> require majority consent.  Perhaps reversing a Board decision on resource 
>> policy should require a vote by the Members?
> 
> So if I understand what you are proposing here, it would go to the PDWG 
> meeting, where the community would vote on it. Majority of those who happen 
> to be in the room would uphold the board’s decision. Absent that, it would 
> then subsequently go to a vote of the membership requiring a majority of the 
> membership to vote against it in order to reverse the board’s decision. To 
> me, this presents multiple possible outcomes:
> 
>       1.      Community endorses — Everything is fine, board decision stands.
>       2.      Community rejects, membership does not reject — Unclear what 
> happens, I presume board decision stands?
>       3.      Community rejects, membership rejects — Board decision is? { 
> Remanded to board for revision, Overturned, Rescinded pending corrective 
> action by the board }?
> 
> Also, over what period is the membership election held if necessary? How is 
> voting handled in such case (mechanics)?
> 
> Not trying to be argumentative here, just thinking through the potential 
> outcomes and thinking somewhat aloud in hopes of getting input from other 
> stakeholders.
> 
> I would propose that for any such action, judging strictly by vote of those 
> present in the PDWG meeting or members present at the General meeting isn’t 
> entirely good. I’d prefer to see the issue include input from the PDWG 
> mailing list, and, if applicable, the members-discuss and/or afrinic-discuss 
> mailing lists as well.
> 
> I’d like to see policies brought forth this way subjected to the same 
> standard for consensus as policies developed through the normal process, the 
> only difference being that these policies have a presumption of consensus by 
> board fiat until that presumption is falsified by the PDWG upon verification 
> of that falsification by the PDWG co-chairs.

I believe that such policies should not be subject to the usual rough-consensus 
requirement.  In cases where the community is deadlocked and unable to reach 
consensus, I believe that it should be possible for the Board to mke a decision 
that clears the deadlock.  I suggest that only the Members should be able to 
overturn such a Board decision, by a vote with two-thirds supermajority.

>>> Pont 14, Suggest instead of a 2 month notice period, require presentation 
>>> at a PPM and on the appropriate -discuss mailing list(s) followed by a 60 
>>> day comment period thereafter.
>> 
>> I think you misunderstood the proposal.  The proposal is that (1) the Board 
>> discusses  proposed fee changes with the community, for an unspecified time 
>> period; (2) the Board finalises the fee changes; (3) there is at least 60 
>> days notice before the fee changes go into effect.
> 
> You are correct, I did misunderstand, as that’s not what I remember reading 
> in the proposal.
> 
> I’m fine with what you state above so long as there is a specification that 
> step 1 be for a minimum of 60 days and include discussion at one or more PPMs.

I will propose 60 days discussion before the Board makes a decision on fees, 
and 60 days notice before such decision takes effect.

Alan Barrett
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