Arbitrations/a20140728.1

Case Number: a20140728.1
Status: withdrawn
Claimant: Eva S as Policy Officer
Respondent: CAcert
initial Case Manager: MartinGummi
Case Manager: BernhardFröhlich
Arbitrator: AlexRobertson
Date of arbitration start: 2014-08-21
Date of ruling: -
Case closed: 2014-12-11
Complaint: notification mailing to all members for CCA
Relief: TBD

Before: Arbitrator AlexRobertson(A), Respondent: CAcert (R), Claimant: Eva S as Policy Officer (C), Case: a20140728.1

History Log

2014-07-28 (issue.c.o): case [s20140728.96]
2014-07-28 (iCM): added to wiki, request for CM / A
2014-08-21 (A) I take this case and appoint BernhardFröhlich as CM
2014-08-21 (A) Interim Ruling 1
2014-08-22 to 2014-08-24 Quick poll on Policy List to reinstall C as Policy Officer, see archive of policy mailing list
2014-08-24 Benedikt H. offers to act as Claimant if necessary, in his role as Policy Editor
2014-08-24 to 2014-08-28 Several mails between A and C discussing procedural questions of this case
2014-08-29 C announces to withdraw the dispute
2014-08-29 Several mails between C and A
2014-11-21 C asks for current status of the case
2014-12-07 C repeats question, forwarding the question to Dispute Resolution Officer
2014-12-11 In direct communication with the CM, A confirms that he considers the case as closed and asks CM to complete the formalities.
2014-12-11 CM notifies C that the case is considered as withdrawn and closed now.
2014-12-11 The case is now closed.

Private Part

Link to Arbitration case a20140728.1 (Private Part), Access for (CM) + (A) only

EOT Private Part

original Dispute

Subject: notification to all members for CCA changes
From: Policy Officer 

Dear Support, dear Arbitrators,

I want to file a dispute as Policy Officer to

a) get the allowance to send a notification to all our members about the
changes of the CCA recently decided on by Policy Group and

b) allow the Policy Officer to send notification to all members for
further policy changes through Policy Group, for those changes that
require such notifications or at allow for such a notification and are
of some importance for our members.

The current notification is required by:

CCA 3.4 "Changes of Agreement

CAcert may from time to time vary the terms of this Agreement. Changes
will be done according to the documented CAcert policy for changing
policies, and is subject to scrutiny and feedback by the Community.
Changes will be notified to you by email to your primary address."

And:

PoP: 4.5 "The period of the DRAFT status is announced widely [...]"

There may be more references.

I have accepted the CCA (and hereby accept also the new DRAFT version)
and by this DRP.

CARS
Eva S

(I currently do not have a certificate for this role-address, so cannot
sign the mail, please excuse this.)

Discovery 1

This case is essentially about the authorisation of a mailing to all members regarding the recent changes made to the CAcert Community Agreement (CCA).

Between the raising of this case by Eva as Policy Officer and the availablility of an Arbitrator and Case Manager to actually process it, Eva has resigned as Policy Officer - this leaves the case without a clear claimant authorised to act for Policy Group in the processing of this case.

However there is a clear requirement under CCA both as it was and in the new version to notify members by email of changes to CCA - this leaves it necessary to process the case and thus it needs to be left open.

Interim Ruling 1

This case will need interaction from somebody authorised to act on behalf of Policy Group. Without that the case is stalled.

I therefore adjourn the case until an appropriate person is identified who is prepared to take over the role of claimant in the case. Both Policy Group and Board will be so notified.

Alex Robertson
CAcert Arbitrator
Crewe, UK
21st August 2014

Discovery

Ruling

No final ruling since the case is withdrawn.