Hi,

Obviously Joan meant it's the task of the EC, not that the
EC gets to decide whether or not it follows the charter.

Of course we will document everything properly, that's
not subject to debate.

Tapani

On Thu, Sep 01, 2016 at 04:46:37PM +0200, Amr Elsadr ([log in to unmask]) wrote:

> Hi,
> 
> That’s right James. Documenting the appeal, the EC response, the appellants response to the EC decision, as well as the recording/transcripts of the EC call on the subject all need to be publicly archived on the NCSG wiki. I don’t know of any decision that the EC needs to make on this.
> 
> Thanks.
> 
> Amr
> 
> > On Sep 1, 2016, at 4:24 PM, James Gannon <[log in to unmask]> wrote:
> > 
> > Hi Joan,
> > 
> > Just for the record the archiving of the appeal and the related documentation and resources is mandated by the NCSG Charter and not subject to an EC decision.
> > 
> > All formal discussions related to appeal will be done in a transparent manner and be both recorded and have transcripts made. All documentation related to the appeal, including transcript of formal discussions, will be collected on a public website associated with the NCSG and will be retained for a minimum of four (4) years.
> > 
> > 
> > 
> > -James
> > 
> > 
> > From: NCSG-Discuss <[log in to unmask] <mailto:[log in to unmask]>> on behalf of Joan Kerr <[log in to unmask] <mailto:[log in to unmask]>>
> > Reply-To: Joan Kerr <[log in to unmask] <mailto:[log in to unmask]>>
> > Date: Thursday 1 September 2016 at 14:44
> > To: "[log in to unmask] <mailto:[log in to unmask]>" <[log in to unmask] <mailto:[log in to unmask]>>
> > Subject: Re: By Laws Section 2.4.2.1 Appeal on the election process (with formatting fixed)
> > 
> > Hello Avri, All
> > 
> > Thank you for accepting and agreeing to the compromise.  Your request for archiving the material is of course for the EC to decide.
> > 
> > Thanks again.
> > Joan
> > 
> > Cheers, 
> > Joan
> >  
> > 
> > On Thu, Sep 1, 2016 at 1:27 AM, avri doria <[log in to unmask] <mailto:[log in to unmask]>> wrote:
> > To the Executive Committee of the Non-Commercial Stakeholders Group:
> > 
> > The appellants of the 2016 Election Process thank you for your prompt
> > action and for your reply.  We accept the compromise that has been offered.
> > 
> > At this time, we consider our NCSG Charter 2.4.2.1 Appeal of the 2016
> > election as closed. In keeping with 2.4.2.1 requirements, we request
> > that this appeal and all relevant material related to the appeal be
> > archived in an appropriate place on the NCSG community wiki pages.
> > 
> > Thank you
> > 
> > 1. Avri Doria - Individual Member
> > 2. James Gannon - Individual Member
> > 3. Tatiana Tropina - Individual Member
> > 4. Farzaneh Badii- Individual Member
> > 5. Stephanie Perrin - Individual Member
> > 6. Robin Gross, IP Justice, Organizational Member
> > 7. Amr Elsadr, Individual Member
> > 8. Ayden Férdeline, Individual Member
> > 9. Niels ten Oever, Article19, Organizational Member
> > 10. William Drake, Individual Member
> > 11. Anriette Esterhuysen, APC, Organizational Member
> > 12. Rachel Pollack Ichou - Individual Member
> > 13. Milton Mueller, Internet Governance Project, Organizational Member
> > 14. Dan Krimm, Individual Member
> > 15. Stefania Milan, Individual Member
> > 16. Monika Zalnieriute, Individual Member
> > 17. David Cake, Electronic Frontiers Australia, Organizational Member
> > 18. Norbert Klein, Open Institute, Organizational Member
> > 19. Michael Oghia, Individual Member
> > 20. Kim von Arx, Individual Member
> > 21. DeeDee Halleck, Deep Dish Network
> > 
> > *
> > 
> > On 31-Aug-16 12:07, Joan Kerr wrote:
> > > Dear Avri Doria
> > >
> > > On behalf of the NCSG EC's, I am responding to the Letter of Appeal
> > > filed August 23rd, 2016, which is attached and included below.
> > >
> > > Kindly note, I have taken the opportunity copy all the appellants
> > > who are listed in the Letter of Appeal.
> > >
> > > Regards, Joan Kerr on behalf of the NSCG EC
> > >
> > > _NCSG EC Response to Letter of Appeal_
> > >
> > > Dear Appellants:
> > >
> > > This email is in response to the appeal filed by the group of 21
> > > members of the Non-Commercial Stakeholders Group (NCSG) on 23 August
> > > 2016 regarding the decision of the NCSG Executive Committee (EC) to
> > > continue with the ongoing annual election using the existing
> > > ballots.
> > >
> > > *In fact*/the EC did not make such a decision: it was an unilateral
> > > act of the Chair, which the EC did not approve and decided to
> > > override in its emergency meeting on August 24. The Chair, by signing
> > > this letter, accepts his responsibility and the EC's chastisement of
> > > his hasty action./
> > >
> > > In its meeting the EC discussed the the appeal and considered
> > > possible options in response. In that meeting, the EC decided to
> > > propose a compromise solution to the appellants in lieu of suspending
> > > the ongoing election as requested.
> > >
> > > Specifically, the EC decided to continue with the ongoing annual
> > > election as originally planned, using the existing ballots already
> > > sent to members, but with the understanding that voting
> > > simultaneously for "None of the Above" and one or two candidates for
> > > council is valid, and that every candidate on the ballot faces
> > > possible rejection, which means that those candidates who receive
> > > less votes than "None of the Above" (NOTA) on the ballot shall be
> > > deemed not elected in the election.
> > >
> > > We understand that this compromise is not perfect, however we
> > > believe it is a solution which will allow us to go forward with the
> > > existing election as planned and still satisfy concerns about
> > > representation and confusion on the ballot.
> > >
> > > In the unlikely event that any seats are left unfilled after the
> > > election, the EC will follow the procedures described in the charter
> > > to fill such seats.
> > >
> > > We regret the confusion caused and will endeavour to fix any
> > > remaining concerns before the ballot is sent in next year's annual
> > > election.
> > >
> > > Please indicate at your earliest convenience if this compromise
> > > proposal is acceptable to you and that your appeal is accordingly
> > >
> > > resolved. Thank you.
> > >
> > > Signed,
> > >
> > > Executive Committee of the Non-Commercial Stakeholders Group
> > >
> > >
> > > On Tue, Aug 23, 2016 at 10:44 AM, avri doria <[log in to unmask] <mailto:[log in to unmask]>
> > > <mailto:[log in to unmask] <mailto:[log in to unmask]>>> wrote:
> > >
> > > NCSG colleagues,
> > >
> > > *Pursuant to Section 2.4.2.1 of NCSG’s Charter, the NCSG Members
> > > signed***in the enclosed***hereby initiate an appeal of the NCSG EC
> > > decision to refuse to fix the contested ballots and properly clarify
> > > the election process before proceeding.*
> > >
> > > Thank you,
> > >
> > > Avri Doria
> > >
> > > on behalf of the 21 members who signed the appeal* ***
> > >
> > >
> > >
> > 
> > 
> > 
>