RE: [ga] Pending motion of suspension

[Hugh Dierker <hdierker2204@xxxxxxxxx>]

Well your reasoning and review of our rules is persuasive.
 
Would it seem appropriate for me to give this .... say 48 hrs for comment and 
JW to respond?
That was my first thought. This is my final thought.
 
In 48 hrs JW will be suspended for 6 wks. This was a determination from a list 
monitor that must be respected as; it is within the framework of our rules and 
not arbitrary or capricious. 
The 48 hrs is a time in which anyone can come forth with compelling reason to 
overturn Ms. Garsides' decision. The modification to 6 wks, is temperance on 
the part of the Chair.
 
I remind all of the LIncoln quote in every one of JWs posts. (interesting that 
I brought that quote to his attention and that it is written on the entrance to 
the Springfield courthouse.)

--- On Thu, 4/16/09, Debbie Garside <debbie@xxxxxxxxxxxxxxxxxx> wrote:

From: Debbie Garside <debbie@xxxxxxxxxxxxxxxxxx>
Subject: RE: [ga] Pending motion of suspension
To: "'GA'" <ga@xxxxxxxxxxxxxx>
Date: Thursday, April 16, 2009, 7:59 AM








According to the List Rules: 
 
Section 4 (in part)
In the event that sanctions imposed by the List Monitor are challenged the GA 
Chair will act as Arbitrator. The GA Chairs decision is final.
 
Further:
 
Section 8 Election and Function of the Chair states:
The Chair shall post in one of two capacities. 
The first and foremost, by obligations agreed to and undertaken, is, as Chair. 
Administrative matters shall be thus posted: 
Centering arguments within threads. 
Steering a posting individual if there is ambiguity or obvious matter left out 
in the post. 
Routinely setting forth areas of concern and formulating and implementing 
phraseology to assist in the GA objectives. Interacting assertively with other 
bodies within ICANN.

Secondly, as an individual. It shall be assumed the Chair is posting as an 
individual. So the Chair will have to make open and clear designations to any 
posts made as Chair.
I believe that first and foremost you are the Chair Eric and therefore 
personalities should be set aside.
 
I would request that the Chair rule on this immediately so that order between 
the Administrators of this Forum may be restored as soon as possible.
 
Regards
 
Debbie Garside 
List Monitor
 



From: Hugh Dierker [mailto:hdierker2204@xxxxxxxxx] 
Sent: 16 April 2009 15:50
To: 'GA'; 'Secretariat'; debbie@xxxxxxxxxxxxxxxxxx
Subject: RE: [ga] Pending motion of suspension
 





Thank you Debbie. 

 

I took the time to review issues regarding this poster JW. I believe the 
history between us goes back to 12/99. When this list was denuded under a 
restructuring JW and I determined to keep it going when it lost 99% of all 
activity. As is obvious it has rebounded somewhat.

Our history creates a situation where it is innappropriate for me to take an 
active role in matters regarding his discipline.

 

We need to appoint another monitor in addition to Joe and Debbie. The chair 
needs to in general not take an active role in monitoring except to monitor the 
monitors and be the final arbiter and liason to the Secretariat.

 

This does not solve the current problem as we are short a 3rd monitor. This 
matter should be continued without prejudice until we fix this glitch.

 

Volunteers for monitor should respond and so indicate publicly on the list.

--- On Thu, 4/16/09, Debbie Garside <debbie@xxxxxxxxxxxxxxxxxx> wrote:
From: Debbie Garside <debbie@xxxxxxxxxxxxxxxxxx>
Subject: RE: [ga] Pending motion of suspension
To: hdierker2204@xxxxxxxxx, "'GA'" <ga@xxxxxxxxxxxxxx>, "'Secretariat'" 
<GNSO.SECRETARIAT@xxxxxxxxxxxxxx>
Date: Thursday, April 16, 2009, 12:12 AM
 
 
My responses are in line.





We wait for the following from Ms. Garside:

 

What rule(s) specifically were violated. 

 

 Rule 3. 3. The messages must observe a minimum of decorum, including:
- not indulging in what may be perceived as personal attacks or insults 
- not using what may be perceived as or is clearly intended to be offensive 
and/or disruptive language
- not indulging in threats of legal action of any kind on list; off list 
threats may also be forwarded to the Chairman or List Monitor who may decide to 
take action against the perpetrator of such threats 
- not exceeding any limitations on the number of posts allowed within a given 
time period that may be imposed by the GA Chair at the request of members
- not exceeding a message size of more than 30KB without exceptional reason
 

 

Exactly what language was considered a violation. 

 

As List Monitor, I consider the entire post a violation of the rules.  It was a 
personal attack, it did not observe a minimum of decorum, I considered it 
downright offensive and so did the complainant.

 

 

 

What authority is there for a single moderator to suspend a member of the list? 

 

Final sentence in 3.3 of our rules which states: "The List Monitor or the Chair 
may impose sanctions for persistent offenses." 

 

Who was the secret complainant? And specifically what was their complaint? 

 

I am not prepared to divulge the name of the complainant.  It is enough that 
I have received a complaint and, as List Monitor, I have upheld the complaint. 

 

It would be good if I had the support of the Chair.

 

Debbie

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Was the complainant a list member? 

 

NR

 

 

Should she recuse herself from the matter due to outstanding issues with JW?

 

Let us do this all public like, so we can all get a clue.

 

Certainly pending the information above no action should be taken regarding JWs 
posting priviledges.

 

I just hope the complainant is not a non list executive or staffer with ICANN. 
That would be really bad.

 
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