Hello,

inline...

> On Nov 9, 2016, at 2:04 PM, Alan Barrett <alan.barr...@afrinic.net> wrote:
> 
> 
>> On 7 Nov 2016, at 05:51, Owen DeLong <o...@delong.com> 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.

Hmmm. Are we moving the PDPWG powers in board hands?  I do not understand the 
concept of deadlock in our bottom-up PDP ruled by  "Rough Consensus” and not 
“Full Consensus".  I would expect to see all times, effort made by all 
parties(including board) to reach rough consensus on  adoption/rejection… and 
not board making decisions. Is this not a discussion for the  PDPWG ?

Thanks

—Alain
> 
>>>> 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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