#720 and #725 - Appeals and IAD autonomy

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These two tickets are linked, as both contain discussions on how the IAD and the IAOC behave where people believe that they have not done the Right Thing (for whatever meaning of "right").

The text from the head of the #720 thread:

While there is a method to appeal procedural lapses by the IAOC, and I
am fine with that, there does not seem to be a way for a member of the
community to question, i.e. appeal, the actions of the IAD. I.e. 3.4
does not contain method to appeal the actions of the IAD for procedural
issues or suspected malfeasance.

The thread in #725 is rather convoluted, and touches upon a number of issues - DoS attacks, ability to appeal decisions rather than procedure violations, recourse to recall and whether that is appropriate.... go read the thread for details.


The current relevant text from 3.4 is:

  If someone believes that the IAOC has violated the IAOC rules and
  procedures, he or she can ask the IETF leadership to investigate the
  matter, using the same procedure as is used for appeals of procedural
  issues in the IETF, starting with the IESG.

  If the IESG, IAB or the ISOC Board of Trustees find that procedures
  have been violated, they may advise the IAOC, but do not have
  authority to overturn or change a decision of the IAOC.

and from 3.2:

  The IAOC's role is to provide appropriate direction to the IAD, to
  review the IAD's regular reports, and to oversee the IASA functions
  to ensure that the administrative needs of the IETF community are
  being properly met.

Suggested resolution:

1) Make a separate section for the appeals stuff in 3.4 (for clarity), so that this becomes section 3.5

2) Change the section to read:

  If someone believes that the IAOC has made a decision that is clearly
  not in the IETF's best interest, he or she can ask the IETF leadership
  to investigate the
  matter, using the same procedure as is used for appeals of procedural
  issues in the IETF, starting with the IESG.

  In cases where appeals concern
  legally-binding actions of the IAOC (hiring, signed contracts, etc.),
  the bodies handling the appeal may advise the IAOC, but are not
  authorized to make or unmake any legally binding agreements on the
  part of IASA.

  In cases where no legally-binding actions are at stake, the bodies
  handling the appeal may nullify the IAOC decision and ask IAOC to restart
  its decision process.

(mostly suggestion from Margaret)

3) Add the following to the IAOC's role in 3.2:

  The IAOC will hear and respond to concerns from the community about
  the activities of the IASA.

Does this make sense, or are we leaning too far in the "too many appeals" direction?

                      Harald




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