Hi Harald,
At 5:02 PM +0100 2/11/05, Harald Tveit Alvestrand wrote:
In no circumstances may the IAB or
ISOC Board of Trustees overturn a decision of the IAOC that involves
a binding contract or overturn a personnel-related action (such as
hiring, firing, promotion, demotion, performance reviews, salary
adjustments, etc.) as a result of an appeal.
So, if a person appeals a decision of the IAD or IAOC to the ISOC
Board and, in the course of investigating that appeal, the ISOC Board
determines that a contract or personnel decision violates ISOC's
accounting policies, violates the laws of the country most likely to
have jurisdiction and/or could result in substantial liability for
ISOC (these are the types of exceptional situations that I could
envision falling under this clause) could the ISOC Board overturn the
decision? Or would the ISOC Board be constrained to providing
"advice" to the IAOC because this issue was discovered as the result
of an appeal?
I am not comfortable with the idea that the ISOC Board would be
constrained to providing advice in this (extremely unlikely)
situation, since the IAOC does not have responsibility to uphold ISOC
policy, ensure that ISOC conducts its business in a legal manner
and/or protect ISOC from liability -- the ISOC Board does.
My understanding of the justification for why the IAB should not be
able to mess with contracts or personnel decisions is that the IAB is
not chosen for business expertise and therefore might lack the
expertise to fully understand the implications of changing those
decisions. I certainly hope that isn't true of the ISOC Board
(present company excepted, of course).
I'm also somewhat uncomfortable with the process that is resulting in
these changes (the ones that I have suggested, as well as the ones
that I don't like)... We seem to be changing the document quite
frequently (faster than I feel I can keep up, sometimes multiple
times between actual revisions), and many of these changes are being
made based on the comments of one or two people. In some cases (not
this one) we are making changes to text that has been stable in the
document for months.
Are you sure that everyone who cares about this process is keeping up
with these changes? Is there some plan for making sure that everyone
is still in-sync on a final version? I think that an IETF LC is
supposed to serve that purpose, but we seem to have already held
ours...
Margaret
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