Update to the Policy Development Process

Original Language Português Date Published 09/09/2014 Last Modified 18/09/2014
Last Call for Comments Period 20/05/2015 - 04/07/2015 Date Ratified Does not apply Implementation Date 16/07/2015
Status Implemented Download TXT PDF XML DOCX
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Authors

Name: Ricardo Patara
Email: patara@registro.br
Organization: NIC.BR

General opinion

Proposal Data

Policy Type: LACNIC
Id: LAC-2014-3
Last version: 3
Presentations:

Summary

The following proposal seeks to modify the LACNIC Policy Development Process, which is available at http://www.lacnic.net/web/lacnic/proceso-de-desarrollo-de-politicas.

The current policy development process was last updated in 2008. Although so far it has worked properly, it has recently been brought to our attention that certain points lack clarity and definition. Examples of this include the direct responsibilities of LACNIC, LACNIC chairs and those of the organization's directors.
In the author’s opinion, defining a "process of appeal" is still needed.

Rationale

Non-compliances with the policy development process as it is now defined have been observed, particularly in regard to the specified dates/timeline. In addition, no appeals process has been defined in case a member of the community feels affected by decisions made during the policy development and adoption process.

Text

*In the chapters below, add:*

2.1. Public Policy List
[...]
- Proposals must be sent through the web form found at https://politicas.lacnic.net/politicas/. Once it has been reviewed, an identification code will be assigned and the proposal will be sent to the discussion list. The maximum time allowed for reviewing and publishing the proposal on the Public Policy List shall not exceed 10 days. (This review will only address the text itself, not the proposal's merits).

2.5 LACNIC Board of Directors
[...]
- Declare the removal of one or both Policy Chairs if non-fulfillment of their responsibilities affects the policy development process. The Board shall appoint interim chair(s) within a period of 15 days, and these interim chairs will serve until the next election.

* Add the following new chapters: *

2.2.X Chairs' Responsibilities and Obligations

- To publish the Public Policy Forum's agenda on the mailing at least two weeks before the start of the Forum, specifying, among other information, which policy proposals will be presented and discussed.

- To prepare a Public Policy Forum report and submit it to the Policy List no more than 15 days after the end of the Forum.

- To call members of the Policy List to debate the proposals presented during the Public Policy Forum but which failed to reach consensus and must be sent back for discussion no more than 15 days after the end of the Forum.

- To issue a last call for comments for those proposals that reached consensus at the Public Policy Forum no more than 15 days after the end of the Forum.

- To post the results of the last call for comments for those proposals that have reached consensus on the Policy List no more than 5 days after the last call for comments period closes.

- To communicate the results of ratification by the LACNIC Board of those policies that reached consensus and received no observations during the last call for comments period, no more than 5 days after their ratification.

X. LACNIC Responsibilities and Obligations

- To act as secretary for the policy development process and support the Public Policy List and the Public Policy Forum: maintaining the mailing list and its archives; ensuring a space for conducting the Public Policy Forum during its events; assisting Forum chairs during the Public Forum; maintaining a website with updated information on the policy development process, proposals that are under discussion, and those previously submitted, along with their current status; maintaining and updating the Policy Manual and changelog; assisting in conducting the election of Forum chairs.

- To notify the implementation of proposals ratified by the Board on the Policy List as soon as this occurs.

X Appeals

- In case of disagreement with the decisions of:
- Forum chairs;
- LACNIC's Board of Directors, and relating to the policy development process; or
- prior appeals committees;

any person that meets the following criteria may initiate an appeals process:

- The person must participate in the Policy List;
- The appeal must be public and submitted through the Policy List. Appeals may not be anonymous.

The appeal must clearly describe the point on which there is disagreement. In order for the appeal to move forward, it must receive the support of at least three (3) other Policy List participants within no more than 15 days. If no expressions of support are received during this 15-day period, the appeal may be ignored. The request for appeal can be re-submitted to the List without any restrictions.

Appeals that receive the necessary support shall be reviewed by a committee to be convened by the LACNIC Board no more than 5 days after said support is received.

No individual involved in the matter under dispute may serve on this committee, which will be made up by the following representatives summoned by the Board:
- 1 representative of LACNIC's Board of Directors;
- 1 LACNIC staff member (preferably, the organization's policy officer);
- 1 representative of the chairs from the policy process.
- 4 representatives of the community.

The call for the appeal committee should be organized by LACNIC´s directory, who should indicate which of his members will represent them in the committee. Then they should ask the chairs to indicate their representative in the committee. Finally, LACNIC´s directory should select 4 representatives of the community through the Policy List, asking who is interested in participate, so the directory would be in charge of selecting who are the more active members to integrate the committee.
In the period of 5 days for the integration of the committee, and once concluded the convocations, LACNIC´s directory has to make public through the Policy List, the people who are going to integrate the committee and the working plan (start and end date of the appreciation and conclusion of the appeal).

The committee will have 30 days to review the appeal and present its opinions and recommendations, which will have to be complied with immediately.

Once it has presented its opinions and recommendations, the committee shall be dissolved.

Additional Information

New added representatives (1 chair and 1 member of the community) to the appeal committee and also a description about how the committee is convened and integrated.

Timetable

Immediate implementation after approval

References

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