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Proposal Details

Proposal ID	1040
Proposal	Accreditation Rules, Amend Clarify Recusal Rule
Presenter	Georgia
Floor Manager	Tamar Yager
Phase	Closed
Discussion	03/22/2021 - 04/18/2021
Voting	04/19/2021 - 04/25/2021
Result	Failed
Presens Quorum	32 0.6666
Consens Quorum	57 A Majority of Yes and No Votes

Background

In its recent deliberations on a complaint filed by the National
Lavender Caucus, co-signed by two accredited identity caucuses and six
accredited state parties; it was the ruling of the cochairs of the
Accreditation Committee that only the committee members appointed by
the responding party and those appointed by the National Lavender
Caucus were required by the rule related to conflicts of interest to
recuse themselves under an existing rule of the committee. Further,
despite the clear guidance of the existing rule (requiring recusal by
each ‘member of a . . . caucus which is a party to the issue being
voted on’), an impartial observer is left in doubt if even this
requirement has been fairly enforced, without the disclosure by the
complainant of each member of the complaining party of who might be
serving on the Accreditation Committee, no matter how it is they may
have been appointed to that post.

This extremely narrow interpretation of the rule is clearly at odds
with the intent of the rule’s original authors, and of the National
Committee which adopted these rules. And its fair interpretation would
have meant that the vote by the Accreditation Committee on the motion
to accept the complaint would have failed for lack of a quorum.

This proposal seeks to clarify the rule requiring that members of the
Accreditation Committee with a clear conflict of interest recuse
themselves from any vote related to a complaint being heard by the
committee; and to more accurately reflect the clear intention of the
original authors, including the National Committee which adopted this rule.

Proposal

Amend the Accreditation Committee Policies & Procedures, Section 3.,
related to 'Decisions', by striking the second paragraph which reads:

"Each member of the committee is entitled to cast a vote unless there
is a conflict of interest (i.e. member of a state party or caucus which
is a party to the issue being voted on, or any other direct conflict of
interest). Such members shall be required to be recused from the vote.
All decisions and recommendations of the AC that must be forwarded
within a specific period of time to the GPUS National Committee for
formal adoption will include a narrative of the vote results and will
conform to GPUS Rules and Procedures regarding proposals for the
National Committee."

and inserting in its place a new second paragraph to read:

"Each member of the committee is entitled to cast a vote unless there
is a conflict of interest. Each member of each state party or caucus
which is a party to the issue being voted on, or who may have any other
direct conflict of interest shall be required to be recused from the
vote. To facilitate the fair enforcement of the recusal rule, each
state party and identity caucus that co-signed the complaint or is
named as a respondent to the complaint shall disclose which members, if
any, of the Accreditation Committee are members of such state party or
identity caucus. All decisions and recommendations of the AC that must
be forwarded within a specific period of time to the GPUS National
Committee for formal adoption will include a narrative of the vote
results and will conform to GPUS Rules and Procedures regarding
proposals for the National Committee."

Resources

Requires a disclosure by any party co-signing a complaint to the
Accreditation Committee, to facilitate the fair and complete
enforcement of the rule requiring that members of the committee with a
conflict of interest recuse themselves from any votes related to a
complaint for which they have a conflict.

References

https://gpus.org/committees/accreditation/accreditation-committee-policies-procedures/

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