BBS Toolkit/BBS Toolkit.iso/gt_power/gtpa1217.zip/GREVIENC.BYL

Text File | 1990-12-17 | 13KB | 226 lines

 This document has just been introduced for discussion, comment, changes,
 etc.  A fuller discussion will probably start after officers have been
 elected, but people are currently commenting on this document already.

This msg of 9th December 1990 was :

  from:  Mike Schmieg
  to:    All
  area:  E01/012 GTPN Sysops Confidential____ Perry Alexander

▒ Here is the report of the Dispute Resolution Committee.
▒
▒ The committee has finalized its submission for Dispute Resolution
▒ Procedures and that submission follows.  The Dispute Resolution
▒ Committee would be a seven member committee elected by the general
▒ membership at the annual election and no member would hold any other
▒ office.  The Committee would have limited function for individual nodes
▒ unless those node operations posed a threat to the network (very
▒ unlikely).  The Committee  would primarily act as a court of appeals for
▒ any member of the network when  confronted with actions of an officer or
▒ officers of the Netowrk which that member felt were unfair or in
▒ violation of the Constitution, Bylaws or procedures of the Network.  Any
▒ officer, by virtue of his accepting a Network position, would subject
▒ himself to Committee jurisdiction.  Here  is the final proposal:
▒
▒
▒
▒ 1.  [Dispute Committee - Composition and Election]
▒
▒ 1.1  At the annual election, a seven member Grievance Committee shall be
▒ elected from among the active sysops.  No member of the Grievance Committee
▒ shall hold any network office at the local or national level during his or
▒ her term on the Committee.
▒
▒ 1.2  The members of the Grievance Committee shall serve for a term of one
▒ year.  If any member withdraws from the committee for any reason, such member
▒ is asked to give notice to the Network Coordinator thirty days in advance of
▒ such withdrawal, if possible.  The Network Coordinator will call an interim
▒ election to fill this position in case a member cannot or will not continue
▒ to serve.
▒
▒ 1.3  As used herein, the term "net" means a local net and the term "network"
▒ means the entire international network.
▒
▒ 2.  [Resolution Process]
▒
▒ 2.1  [Preamble]
▒
▒ 2.1.1  Local nets should attempt to handle any intra-net disputes among
▒ themselves, utilizing the Network dispute procedures only as a last resort.
▒ Inter-net disputes, not involving network wide questions should be handled
▒ according to the procedures outlined below.  Issues involving network wide
▒ questions are addressed separately.
▒
▒ 2.1.2  Dispute resolution is on a voluntary basis among members of the
▒ Network with the exception of disputes with or involving or between or among
▒ officers of the Network in which case the findings of the Grievance Committee
▒ shall be binding.  In the event of disputes involving officers of the
▒ Network, the Grievance Committee shall examine the Constitution, the Bylaws,
▒ the Policy and Procedure files and shall render a decision accordingly.  With
▒ regard to officers of the Network, the Committee may recommend corrective
▒ action, resignation, call for a new election or take such other action as it
▒ deems fit under the circumstances.
▒
▒ 2.1.3  Before the Committee accepts any dispute between or among members of
▒ the Network, the parties to the dispute shall submit their willingness to be
▒ bound by the Committee's decision and such submission shall be in the form of
▒ a gentleman's agreement or contract between or among the parties.
▒
▒ 2.2  [Resolution Process - Three Steps]
▒
▒ A three-level system for resolving disputes is hereby adopted, as follows:
▒
▒ 2.2.1  Level 1 - Informal Mediation Before Invoking Formal Process
▒
▒ 2.2.1.1  In case of a dispute regarding an inter-BBS matter, a first,
▒ informal approach -- and the one most likely to satisfy those persons
▒ initially concerned -- is for the individuals to discuss the issue in
▒ private, by private netmail, private telephone conference, private regular
▒ mail, or private in-person communications.  The GT Net sysops agree to
▒ consider this approach before invoking the Rules' formal dispute resolution
▒ process.
▒
▒ 2.2.1.2  Public conversations and discussions involving third-parties at this
▒ stage has been found to be counterproductive in most cases involving
▒ inter-BBS disputes; and other sysops who are not directly involved should
▒ refrain from offering advice or, above all, taking sides in any dispute
▒ unless and until the process described in these Rules has been initiated.
▒
▒ 2.2.1.3  All GT Net sysops agree that, if asked to become involved in
▒ disputes between other sysops, they will recommend that the process outlined
▒ in these Rules be followed, including informal negotiations and
▒ non-involvement by third parties.
▒
▒ 2.2.1.4  It is assumed that disputes between and among sysops of a local net
▒ would utilize the procedures instituted by that local net.
▒
▒ 2.2.1.5  Any two or more sysops who have a disagreement which involves
▒ inter-BBS matters may initiate action under these Rules.  Unless the issue is
▒ an inter-BBS matter, it shall be the sole responsibility of that sysop to
▒ determine the contents and operational policies for his or her board and the
▒ Local Net and the Network shall not involve themselves in any such questions
▒ unless, somehow, the content and operations policies of that board could
▒ conceivably impose legal liability upon the local or national network.  The
▒ Committee shall have the jurisdiction to make a binding decision in any case
▒ whether involving node content and operation or otherwise if there is a
▒ reasonable chance of the Network being held liable as a result of the local
▒ node actions.
▒
▒ 2.2.1.6  Such issues should rarely arise as each node is an independent
▒ operator and the Network or the Local Net has little control over the content
▒ or operation of that node which could allow the node's operations to impose
▒ liability upon the greater bodies.  Before any action is taken concerning the
▒ operations of an individual node, the facts will be examined to determine if
▒ there is any liability being imposed upon the local or national networks and
▒ the facts shall be reviewed in a light most favorably disposed toward the
▒ node in question.
▒
▒ 2.2.1.7  Inter-BBS matters are those affecting echo conference contents,
▒ distribution of mail or echo conference updates, material posted on a board
▒ which another sysop feels may jeopardize the GT Net by exposing its members
▒ to potential civil or criminal liability, Network projects which may be
▒ undertaken by agreement of the members, and any other situation in which the
▒ GT Net members are involved collectively.
▒
▒ 2.2.2  Level 2 -- Private Negotiations with the Network Coordinator
▒
▒ 2.2.2.1  Upon the request of two or more sysops of different local nets who
▒ have a dispute, or at his own request, the Network Coordinator will arrange a
▒ conference call or meeting between the parties to the dispute to discuss any
▒ inter-BBS or inter-local network conflict which has not been resolved
▒ informally.  The role of the Network Coordinator is to establish a time and
▒ place for the meeting or call; and to propose a statement describing the
▒ conflict to which the parties can agree.  The Network Coordinator may
▒ exercise any of the powers granted to the person in that job in order to
▒ devise a resolution of the conflict.
▒
▒ 2.2.2.2  If the Network Coordinator is able to propose a solution to the
▒ dispute at this point, he or she may do so.  If no solution can be found
▒ during the conference call or meeting, then the parties may move on to the
▒ next state as set forth in these Rules.  The Network Coordinator may forward
▒ any information or evidence obtained in Level 2 discussions to the Grievance
▒ Committee, for its consideration at Level 3.
▒
▒ 2.2.2.3  The Network Coordinator may move directly to Level 3 at his or her
▒ discretion and may appeal to the Grievance Committee directly when a dispute
▒ requires an immediate Net response or is otherwise an emergency.  If the
▒ Network Coordinator is involved in a dispute, then the parties shall skip the
▒ Level 2 process and go directly to Level 3.
▒
▒ 2.2.3  Level 3 -- Grievance Committee [- Invoking Formal Process]
▒
▒ 2.2.3.1  If a Network Coordinator is disqualified from participating in the
▒ Level 2 stage (because he or she is an interested party in the dispute), or
▒ if the coordinator has taken the dispute to the Level 3 stage for any reason;
▒ and whenever no resolution has been found at the Level 1 and Level 2 stage,
▒ then the dispute will be referred to the Grievance Committee.  The Committee
▒ shall accept the dispute referral upon submission by all parties of a
▒ willingness to be bound by the decision of the Committee.
▒
▒ 2.2.3.2  The members of the Grievance Committee shall be the final authority
▒ on any inter-net BBS dispute.  The Grievance Committee may hear appeals from
▒ the final dispute resolution procedure in a local net if it feels that the
▒ issues have network wide impact or raise network wide questions.  No appeal
▒ shall be made from its decision.  Once a decision issues from the Grievance
▒ Committee, there shall be no further appeal to the membership of the GT
▒ Network at large.
▒
▒ 2.2.3.3  The Grievance Committee shall communicate by whatever means its
▒ members choose.  It is assumed that an encrypted echo will be used, but such
▒ procedure is not necessary.  It shall not communicate its deliberations or
▒ findings to any parties who are not involved in the dispute, unless the
▒ committee is unanimously in favor of doing so.  If the Grievance Committee
▒ unanimously agrees to publicize the results of its deliberations on a matter,
▒ it will instruct the Network Secretary to post its findings and decisions in
▒ the National Sysop Echo Conferences.
▒
▒ 2.2.4.  [Empaneling the Grievance Committee and the format of it's
▒          deliberations]
▒
▒ 2.2.4.1  An empaneled Committee shall be formed to heard disputes.  This
▒ empaneled Committee will consist of part or all of the elected Grievance
▒ Committee and shall be formed by each party to a dispute CHOOSING one member
▒ of the Grievance Committee to be empaneled, up to the full membership of the
▒ Committee.  If there are more parties to the dispute than available members
▒ of the Committee, then all available members shall be empaneled.  If this
▒ results in an even number, the members chosen by the parties shall choose one
▒ additional member of the Committee to sit on the case.  No member of the
▒ Committee shall sit on a case if he is a party or otherwise interested in the
▒ outcome.  In the event that such disqualification of members of the Grievance
▒ Committee results in an even number of members hearing the case, those not
▒ disqualified shall choose a disinterested sysop who is not a member of the
▒ Committee to act as a member pro tem.  If the Committee elects to use an
▒ encrypted echo for their communications and deliberations, the Committee
▒ shall choose a new password for such echo after it is empaneled and only
▒ those members empaneled shall have access to the password and echo.  The
▒ empaneled Committee shall then choose a chair.
▒
▒ 2.2.4.2  After the Committee is empaneled and it has received any data from
▒ the lower level dispute resolution activities, each party shall submit a
▒ complete statement of facts and arguments supporting his position by
▒ encrypted netmail to the Chair of the panel with copies to all of the other
▒ parties.  The Chair shall be responsible for posting these communications in
▒ the encrypted echo or otherwise passing them along to the other empaneled
▒ members.  Any member of the empaneled Committee may request additional
▒ information or argument.
▒
▒ 2.2.4.3  After all facts and arguments have been submitted, the empaneled
▒ Committee will deliberate and render a decision and notify the parties of
▒ that decision by encrypted netmail.  The Network Coordinator and the Network
▒ Secretary shall also receive copies and the Secretary shall retain copies of
▒ the decision for future reference.  If the empaneled Committee feels that the
▒ issues are important enough for publication, the Secretary shall take
▒ appropriate action upon receiving affirmative communications from all members
▒ of the empaneled Committee by encrypted netmail.  The Secretary shall also
▒ retain these communications for future reference.
▒
▒
▒
▒ Now let's see what we can do with this or submit it to the Network as we
▒ see fit.

##MMR 2-27ß

.ORIGIN: 044/002 - My Brother's Board * [phone] * Chris n Jerry Sysops