[Chapter-delegates] [Sphere-labels] COMMENTS INVITED: Draft Affiliation Agreement between ISOC Global and ISOC {Chapter}

Sivasubramanian M isolatedn at gmail.com
Thu Jul 1 10:03:25 PDT 2010


Dear Anupam,

Two years ago, when the Sphere project was launched, I was the one who
proposed the idea of evaluating Chapters, I was the one who proposed the
idea of devising systems to withdraw the charters in cases where a chapter
has deviated from Isoc's mission and goals. ( see slides 10 - 12 )

Yesterday's comments on the draft affiliation document also come from me.
These comments are written based on observations and first hand experiences
and based on the understanding that a lot of subjectivity could occur in the
process of Chapter oversight.

Isoc as an organization needs a system by which it aligns Chapters to its
mission and programs, but plenty of caution is needed while deciding systems
for Chapter oversight. For various reasons I strongly feel that Chapter
oversight should be by a council of chapters and not by staff. This is to
ensure that the oversight process does not go wrong to pave way for the
disaffiliation of older chapters with knowledgeable community members.

New Chapters are more easily managed. In a scenario where there are Chapters
who do not ask questions and Individual members who don't even have a
functional mailing list, the policy and positions would come from a small of
group of individuals while the world's impression is that the policy evolved
from a bottom up process.

ICANN has a participative process to improve Institutional Confidence and we
also need to internally initiate such an exercise to make the Isoc process
more participative. It is far more important to ensure a participative
structure in Isoc Governance. The first step would be to ensure that
Chapters remain strong and independent.

The discussion on the blog is closed so there would no longer be any
discussion on these comments on the Sphere group. I hope we have a
constructive discussion on this topic in the Chapter Delegates list.

Thank you
Sivasubramanian M





On Thu, Jul 1, 2010 at 3:02 PM, anupam agrawal
<agrawal_anupam at hotmail.com>wrote:

>  Hi Shiva,
>
> Glad to receive your comments. Please find my responses:
>
> I think there is absolute certainity that there are two parties otherwise
> what an agreement whether affiliation or not is about. Even in marriages
> there are two parties called Husband & Wife who take vows which is a kind of
> agreement. Does this ritual leave anyone outside or decides who is on top or
> to the contrary is a way to to align themselves for a common cause. I feel
> this affiliation agreement is a step to tie the knots of ISOC Global
> and ISOC Chapters to be aligned for the common cause which is the reason of
> existence for both ISOC Global & ISOC Chapters. I feel we should be less
> fuzzy on the edges so that the distance to the core is fast covered. So when
> you say outside I find it hard to understand outside of what? There are
> chapter representatives on the board to drive the issues and regional
> bureaus to drive the things at operational level.
>
>  In another point of yours over stipulation that the performance standards
> are already there in some form or other which is correct but this agreement
> tries to consolidate all of them together. I agree to an extent that
> chapters should be notified in decisions which happens with respect to
> community grants or travel fellowhips but two things ; What will chapter do
> with that notification and secondly how are the chapters positioned to
> comment on somebody's goodwill? I think the way out can be that there has to
> be 1 mandatory project for all chapters. But with fund restriction and
> taking care of the scenarion that one individual member has a good project
> but is not aligned with the local chapter , I feel for greater good the
> situation can continue. Besides, I have felt while applying for the
> community grant that the scope is so wide that at times it is difficult to
> focus on the area. There has to be some way wherein the focus is given to a
> particular theme for a year or more funding should be brought in as this is
> a sure shot way of chapter making an impact at local level.
>
> As far as policy positions are concerned , I completely agree that ISOC
> Global when taking a view for a country should initiate discussion with the
> chapter. This will help to keep everybody on the same page.
>
> This agreement in a way puts a process around which gnerates a dashboard
> stating whether a chapter has worked or not. No staff decides but the
> process itself says what has been achieved or not and where the corrective
> actions are required. Now it has been endeavor of the task force to remove
> the subjectivity of the goals and assign numbers so that action taken turns
> the dashboard green. If you feel any performance standard is without numbers
> or has a subjectivity attached, please bring up specifically and that should
> be discussed / changed.
>
> I feel 18 months is too long and it should be shortened and instead of that
> there can be a oversight committee.
>
> INstead of thinking it as a review by ISOC Global , I would like to take it
> as a Self Review. I would like to know scenario/s wherein you feel that
> inspite of Chapters having achieved the minimum standards, there can be
> intrusion.
>
> Let's discuss on them and thrash it out. That's the purpose of this list I
> believe.
>
> Regards
> Anupam Agrawal
> Chair
> Kolkata Chapter
> Cell : 990 399 2838
>
>
> ------------------------------
>
> Date: Thu, 1 Jul 2010 01:14:37 +0530
> From: isolatedn at gmail.com
> To: lord at isoc.org
> CC: sphere-labels at elists.isoc.org
> Subject: Re: [Sphere-labels] COMMENTS INVITED: Draft Affiliation Agreement
> between ISOC Global and ISOC {Chapter}
>
>
>
> Dear Anne,
>
> Comments inlaid:
>
> DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT
>
>
>  DRAFT Affiliation Agreement
>
>
>  between
>
>
>  ISOC Global and ISOC {Chapter Name}
>
>
>
> Date of this document: 31 May 2010
>
> Recognizing that the successful accomplishment of our mission to “to
> promote the open development, evolution, and use of the Internet for the
> benefit of all people throughout the world” depends on a vibrant,
> sustainable local-global partnership, ISOC Global and ISOC {Chapter Name}
> have mutually developed and agree to be bound by this Affiliation Agreement.
>
> This agreement
>
>    -
>
>    is based on the fundamental premise that both parties share the same
>    vision and will work in a civil and collaborative fashion to realize that
>    vision;
>
>
> Are there really two different parties here? If ISOC Global considers
> itself as a party that considers Chapters as another party, then Chapters
> are on the other side of the table? Outside? What is it that you call ISOC
> Global? In what way is there a separation between what you call ISOC Global
> and Chapters?
> In some places this draft agreement gives the impression of a hierarchy
> wherein Isoc Global is placed on top and Chapters placed some where below.
>
>
>
>
>    -
>
>    defines the minimum performance standards for each party in the
>    relationship; and
>
>    -
>
>    is supplemented by the Principles of Affiliation and Chapter Policies
>    and Procedures Guide (to be written) which provides additional details
>    (referenced as necessary) regarding the minimum performance standards as
>    well as recommendations and guidance to help both parties to this agreement
>    exceed the minimum performance standards.
>
>
>
> Minimum Performance Standards
>
>
> ISOC Global
>
>    -
>
>    Authorizes the Chapter to use the ISOC brand (name & logo)
>
>     -
>
>    Provides capacity-building tools and resources to the Chapter as
>    indicated in the Chapter Policies and Procedures Guide including, but not
>    limited to
>
>     -
>
>       Leadership development guides and training
>
>        -
>
>       Program development guides, training and grants
>
>        -
>
>       Membership recruitment & retention guides and training
>
>        -
>
>       Generic collateral materials and templates
>
>        -
>
>    Provides two-way communications channels and forums through which both
>    parties can share and distribute relevant information to each other and to
>    other chapters and foster intra-chapter collaboration
>
>     -
>
>    Provides a unified membership database
>
>
>
> All of the above are there already in one form or another. There is nothing
> new. And there is nothing stipulated here that would ensure that the Chapter
> support system would strive to improve its support standards. What is
> missing is a stipulation to respect the role and position of chapters. At
> present ISOC's practices of direct interaction with Chapter members (on
> matters such as fellowship grants) happen in such a way that the existence
> of a Chapter is completely ignored. If a Chapter Member is selected for a
> community grant or for a travel fellowship, chapters should receive a copy
> of the application, the support mechanism should intimate the Chapter, make
> it a convention to involve the Chapter by way of consultations about the
> applicant member's commitment to Isoc values and chapter programs. Chapters
> are not consulted, nor notified so this causes a disconnect between Chapters
> and its members.
>
> Same could be said of Isoc Global's agenda in the region / country where
> the Chapter is located. Isoc Global's activities in India during the last
> two years have happened in a manner that the Chapters were completely
> disconnected with the programs, events and other work that Isoc did in the
> country. Such practices cause a disconnect between Chapters and its own
> Governments. It is almost as if Isoc Global implies that Chapters are
> insignificant when it comes to important events and programs. It is as if
> Chapters are kept away from Policy and policy related meetings. (Isoc's
> policy positions are respected because it is considered as arising from
> bottom up.)
>
>
> ISOC {Chapter Name}
>
>    -
>
>    Starts with no fewer than 25 members and sustains an annual growth rate
>    of 1% or more averaged over a rolling three year period. The Chapter’s
>    geographic boundary shall be defined by the ISOC members who select the
>    Chapter as their preferred local connection or special interest connection
>    when they join ISOC.
>
>     -
>
>    Develops, maintains and adheres to governing documents as needed to
>    meet the legal requirements of the area in which the Chapter operates. These
>    documents shall
>
>     -
>
>       reflect and support the ISOC vision, mission and operating
>       principles;
>
>        -
>
>       provide for a representative governing body and a consistent,
>       transparent mechanism to ensure periodic leadership succession; and
>
>        -
>
>       be filed (and updated as necessary) on the ISOC Chapter Documents
>       archive.
>
>        -
>
>    Develops and maintains a web presence (website, listserv, etc.).
>
>     -
>
>    Conducts at least one mission-related activity (program/project/event)
>    per year.
>
>     -
>
>       Chapter to provide a brief statement of purpose and goals (see
>       Chapter Policies and Procedures Guide) to ISOC Global in advance of the
>       activity.
>
>        -
>
>       Chapter to provide a brief report outlining the results within 30
>       days of the conclusion of the activity.
>
>        -
>
>    As appropriate and relevant, share ISOC policies with local community
>    and/or media and/or legislative and/or regulatory decision-makers as
>    reflected by one or more of the following outcomes annually:
>
>     -
>
>       Meeting with decision-maker(s);
>
>        -
>
>       Mention in local media;
>
>        -
>
>       Testimony before decision-maker(s);
>
>        -
>
>       Speaking engagement at a non-ISOC event;
>
>        -
>
>       Consultative service to decision-maker(s);
>
>        -
>
>       Request for opinion from decision-maker(s);
>
>        -
>
>       Other: {please complete with details if this applies}
>
>
>
> All of the above appear minimal expectations, appear easy for a Chapter to
> achieve, but happen to be stipulations that a chapter must COMPLY. Who
> decides whether a Chapter has complied or not?
>
> Where there is a stipulation to be complied with, there is an evaluative
> mechanism that rules on compliance, which determines whether a Chapter shall
> continue or not. Who evaluates ? What is the extent of power that these
> stipulations accord on them over the Chapters?
>
>
>
> At a minimum, all above communications shall
>
>    -
>
>    reflect established ISOC policy positions
>
>     -
>
>    adhere to the consultative procedures as defined in the Chapter
>    Policies and Procedures Guide
>
>     -
>
>    be reported in advance if at all possible, but no later than 30 days
>    after the activity.
>
>     -
>
>    Complies with the ISOC brand usage standards as defined in the Chapter
>    Policies and Procedures Guide
>
>
>
> Term/Termination
>
> This agreement shall commence upon ISOC Global’s acceptance of the
> Chapter’s charter request and continue until such time as either party
> elects to terminate the agreement per the conditions set forth below:
>
> The Chapter may terminate this agreement for any reason at any time by
> providing 90 days notice to ISOC Global. Upon termination, the Chapter shall
> fully relinquish its responsibilities, rights and privileges as defined
> above and in the Chapter Policies and Procedures Guide.
>
> ISOC may terminate this agreement if the Chapter fails to meet the minimum
> performance standards as defined above (all must be met) on the following
> schedule:
>
>
>    -
>
>    6 months – a preliminary notice of non-compliance shall be provided
>    detailing changes required.
>
>
> Here again there is a question of who decides whether the Chapter's
> corrective efforts are satisfactory.
>
>
>
>
>    -
>
>    1 year – a formal notice indicating that the affiliation agreement will
>    be terminated if compliance is not achieved within six months.
>
>
> In India we have banking law that empowers a bank to appropriate a
> mortgaged property. This law brings in place a process that is beyond normal
> legal purview, a process of notice - objection - reply - take down. The Bank
> notifies the client that it will attach a property within 30 days. By this
> special banking law, the Client has a right to object. He objects, for
> instance, by pointing out that the banks accounts are wrong, its claim is
> misleading or that the bank has skipped certain normal processes that it
> ought not to have skipped before issuing a notice. It is now the bank's turn
> to reply. It replies. It takes down. So simple, because the requirement is
> that the bank has to reply to an objection, NOT satisfactorily and fittingly
> respond to an objection. So the bank says in one line, "thank you for your
> views, your observations are wrong", which makes it eligible for the bank to
> proceed to the next step of taking down. It now has appropriated the
> property.
>
> If this abnormal process appear rare, it is not. To a lesser degree such a
> process applies to any situation of a predetermined course of action by
> Authority. If it is predetermined that a chapter must go, for some reason,
> the review process would proceed for 18 months and at the end of 18 months
> could result in the predetermined termination irrespective of the efforts by
> the Chapter to make good its shortcomings.
>
>    -
>
>    18 months – a formal notice that the affiliation agreement has been
>    terminated and that the chapter must fully relinquish its responsibilities,
>    rights and privileges as defined above and in the Chapter Policies and
>    Procedures Guide.
>
>
> So this must be defined as a process with a minimum time span of 18 months.
> If there are complaints and challenges during the process, then the process
> should be allowed to stretch beyond 18 months, if that is what it takes.
>
>
>
>
> Throughout this period, ISOC Global will make a good faith effort to help
> the chapter fulfill its obligations under the agreement.
>
>
> Here Chapters need to specify that ISOC Global shall NOT designate
> excessive powers to the overseeing staff to interfere in the management of
> the Chapter during the review period.
>
> Coming back to the questions "What is it that you call ISOC Global? In what
> way is there a separation between what you call ISOC Global and Chapters?"
> we must bear in mind that ISOC *is* Chapters + Individual Members +
> Organizational Members. Board of Trustees are elected by Chapters and
> Organizational Members. Staff is appointed by the Board of Trustees. So in
> an indirect way Staff members are appointed by Chapters and Organizational
> Members.
>
> At some future point, some future Regional bureaus and some future support
> staff may lose sight of the fact that they are hired to support Chapters and
> may begin to 'rule' Chapters, if Chapters concede powers to Staff to oversee
> compliance of these new 'requirements'. That would reverse the position of
> Chapters in ISOC.
>
> If Chapters become subservient to non-Chapter oversight, the role of
> Chapters would get diminished. So it is important to ensure that Chapter
> oversight is a function of a council of Chapters, not Regional Bureaus.
>
>
> Sivasubramanian M
> President
> Isoc India Chennai.
>
>
>
>
>
>
> On Mon, Jun 7, 2010 at 10:12 AM, Anne Lord <lord at isoc.org> wrote:
>
> Dear Colleagues,
>
> As you know, work has been underway since late last year to revise the
> Policy framework for ISOC Global and ISOC Chapters. Many of you have
> contributed to this work by joining one or more conference calls.   A task
> force was assembled early in February with the purpose of drafting up an
> Affiliation Agreement.  All members of the task force were present at the
> face to face meeting (despite volcanic ash!).  The task force is pleased to
> announce that :
>
> COMMENTS ARE INVITED - DRAFT AFFILIATION AGREEMENT
> A draft Affiliation Agreement between ISOC Global and ISOC {Chapter} is now
> available for comment on the blog (you need to login to post) or post your
> comments on this list at:
> http://wiki.chapters.isoc.org/tiki-view_blog.php?blogId=5
>
> The deadline for comments is: 30th June 2010
>
> The Draft Affiliation Agreement builds on earlier work by the Sphere Labels
> group with the draft "Principles of Affiliation" document at:
>
> http://wiki.chapters.isoc.org/tiki-view_blog.php?blogId=3
>
> Thanks to all members of the Sphere Labels for their support and
> participation in this work to date.   We look forward to your continued
> participation and to receiving your feedback.
>
> Best wishes
>
>
> Anne (on behalf of the Sphere Labels task force)
> ---------------------------------------------------------------------
> Anne Lord, Senior Manager                             <lord at isoc.org>
> Chapter & Individual Memberships                  http://www.isoc.org
> Internet Society (ISOC)                "The Internet is for everyone"
> ---------------------------------------------------------------------
>
>
>
>
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>
>
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