Today’s article is the serious one. Tomorrow’s is a tongue in cheek satirical view.
As I have said, I’m not against a CoC – in fact, I think it is a good idea. But it’s got to be legal – and as per the auDA Constitution. What I don’t like is Point 4 where it appears as if auDA can summarily suspend or revoke a membership.
I discussed this with Erhan Karabardak (Director and Deputy Chair of auDA), and he told me that auDA would always adhere to the Constitution. My counter to that was auDA should then clarify this on the actual CoC. He agreed that this was a sensible suggestion, and would put it forward to the Board for consideration. I then sent through this suggestion for his consideration:
Erhan responded by saying that:
Suspensions are commonly found in by laws and codes of conduct for membership organisations, so this is by no means ‘revolutionary’.
My response was this:
Re “suspensions”. I still don’t like it. The way it is written is that it is a “star chamber” approach. Natural justice would dictate that there should be at least a “show cause” notice issued; and a right to be heard. Plus an appeal. Just like if auDA makes a determination on a domain name that a registrant doesn’t agree with. They don’t delete or suspend the name until the appeal process has been exhausted.
Erhan and I batted this back and forth a bit (good naturedly), and he said he would ask the CEO to respond formally to me about my suggestions. I’ll let you know the outcome.
Here’s The Big Issue
A friend of mine (thanks Ian) pointed out auDA is breaching the Constitution by suggesting that they are going to impose these prospective sanctions on Members. Here it is in black and white (bolding is mine):
The Board has the power to make, vary and repeal by-laws from time to time for the proper conduct and management of auDA and such by-laws are binding on all Members. A resolution of the Board to make, vary or repeal by-laws must subsequently be ratified by a special resolution of Members.
Nothing was even suggested about a CoC at the AGM in November!
To get a special resolution passed, there needs to be a minimum of 75% voting in favour in both Supply Class and Demand Class. That’s a tough task sometimes.
No doubt we will now get some form of “spin”. 🙁
Ned O’Meara – 6th June 2017