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Currently, there are no requests for arbitration.

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Currently, no requests for clarification or amendment are open.

Motions

Shortcuts WP:ARM WP:ARBM This page can be used by arbitrators to propose motions not related to any existing case or request. Motions are archived at Misplaced Pages:Arbitration/Index/Motions. Only arbitrators may propose or vote on motions on this page. You may visit WP:ARC or WP:ARCA for potential alternatives. Make a motion (Arbitrators only) You can make comments in the sections called "community discussion" or in some cases only in your own section. Arbitrators or clerks may summarily remove or refactor any comment.

• WP:A/R/M

Motions with respect to functionaries

Motion on removal of CheckUser/Oversight for reasons other than inactivity (Level II procedures)

Motion 2

Holders of CheckUser and/or Oversight permissions are presumed to continue to have the confidence of the Arbitration Committee under normal circumstances. CheckUser and/or Oversight may be removed by the Arbitration Committee for reasons other than inactivity, including recommendation by the Audit Subcommittee, conduct inappropriate to a user trusted with CheckUser and/or Oversight permissions, or breach of the privacy policy or other related policy. Should the Arbitration Committee consider such removal, the holder of the permissions will be notified of this consideration, and will have the opportunity to respond to questions or concerns prior to a final decision by the Committee. Removal of advanced permissions may occur when:

(i) the holder of CheckUser and/or Oversight permissions has been notified of the concerns leading to consideration of removal of permissions and has had the opportunity to respond to those concerns, and

(ii) a majority of the committee, not including recused or inactive arbitrators, supports the motion.

Note that Level I procedures for removal of advanced permissions applies equally to removal of CheckUser and Oversight permissions, and that this motion does not affect Level I procedures.

Appeal of removal of CheckUser or Oversight permission

Appeal may be made to the Arbitration Committee six months or more after the removal of CheckUser and/or Oversight permissions.

For this motion there are 13 active arbitrators, not counting 1 recused. With 0 arbitrators abstaining, 7 support or oppose votes are a majority.

Support

1. Dispels any uncertainty over the status quo. This also emphasizes the "opportunity to respond" part over current procedures, and creates a special appeal provision rather than "normal arbitration proceedings" in current procedures, which frankly can't usually be held for CU/OS related issues. T. Canens (talk) 14:26, 24 February 2013 (UTC)
2. This works for me. Regarding the appeals procedure, it's probably not terribly ideal due to the echo chamber concerns Roger notes, but I think according to Foundation Policy we're the only body they can appeal to - the Arbitration Committee holds sole jurisdiction over who does and does not have CU and OS. Changing that would take a great deal of time and discussion with the Community and Foundation, and this will suffice in the meantime. For the latter half of the year, a delay of six months means that you're guaranteed to have a few new faces on the Committee anyway, so the appeal won't be heard entirely by those who voted for removal in the first place. Hersfold 03:54, 25 February 2013 (UTC)
3. This works, as does simply treating CheckUser and Oversight as no different than Adminship or Bureaucratship. NW (Talk) 18:52, 5 March 2013 (UTC)

Oppose

1. I am concerned about the lack of effective appeal arrangements, which are greatly exacerbated by the lowered bar for removing permissions. As this is something which could be handled independently by the Ombudsman Commission, and as the commission's remit is currently under review with a view to expanding it, this motion is probably premature.  Roger Davies 06:53, 26 February 2013 (UTC)
2. Current procedures are sufficient. We should leave this aspect for now and return to this later in the year. Carcharoth (talk) 01:04, 5 March 2013 (UTC)

Abstain

Comments from Arbitrators - Motion 2

• Timotheus, I'm not certain what you mean by "special provisions". These are the current provisions, and indeed they're the current provisions for any case. The only difference is the description of reasons for contemplating removal of checkuser or oversight permissions. Risker (talk) 16:23, 24 February 2013 (UTC)
  • The current level 2 procedures says that "If the editor in question requests it, or if the Committee determines that a routine reinstatement of permissions is not appropriate, normal arbitration proceedings shall be opened to examine the removal of permissions and any surrounding circumstances." For obvious reasons, we can't open "normal arbitration proceedings", i.e., a case, for most CU/OS removals. The point is that this changes something over the status quo. T. Canens (talk) 16:39, 24 February 2013 (UTC)
    • Thanks, TC; that makes sense. Now, on the mailing list after the initial motion was posted, there was some talk of either (a) outlining a minimum period for such a discussion, to ensure that there was input from at least the overwhelming majority of the non-recused committee members (i.e., ensuring it extended long enough for those inactive for very short periods, such as holidays, to be able to participate) or alternately not initiating a motion until the end of periods where a significant number of arbitrators were temporarily inactive. (Examples of the latter were Christmas and Thanksgiving breaks when many are traveling and have limited access; and Wikimania, where multiple arbitrators usually participate and again have periods of travel and very limited availability.) Did you have any thoughts about including something along this line? For example, discussion before a motion to remove is posted and voted on? Risker (talk) 17:57, 24 February 2013 (UTC)
    • Interesting point there. Given that the committee can sometimes be a terrible echo chamber, is there much point in appealing to the committee? Might be not a different route, say to the community members of AUSC, or a panel of CU or OS peers, be better?  Roger Davies 18:28, 24 February 2013 (UTC)

Discussion and comments from functionaries and community

What is "conduct inappropriate to a user trusted with CheckUser and/or Oversight permissions"? It seems fairly open-ended. --Rschen7754 02:09, 20 February 2013 (UTC)

Specification of all possible examples is inappropriate. "Wrong stuff" will do. User:Fred Bauder Talk 02:17, 20 February 2013 (UTC)

Of course, per WP:BEANS, but this sort of ambiguity is part of what led to the stalemate before the elections last year, because arbitrators couldn't agree on what was "inappropriate". --Rschen7754 02:23, 20 February 2013 (UTC)

Rschen has a point here. When what constitutes "inappropriate" is the very crux of the issue, it doesn't do a lot of good to say "well, you can be removed for inappropriate activity." It would be more valuable for arbcom to draw up at least a rough guideline for what, excactly, is behavior unbecoming of a functionary. Leaking? Personal attacks? Using one's powers to one's own good? Having generally poor judgment? Any of these things could be perceived as inappropriate by some or all arbs, and as long as it's a matter of each arb's personal judgment where the line is, we're inevitably directed back to square one in any specific case. A fluffernutter is a sandwich! (talk) 02:29, 20 February 2013 (UTC)

• To echo something I just said to Risker at another venue, it would make more sense to me to discount inactive/recused arbs in votes like this than to count them as pocket vetos (in the sense that if this motion is implemented, the mere existence of any recused or inactive arb numerically counts against the passing of a removal motion). In cases where, for whatever crazy reason, only a small proportion arbs remain unrecused and active, it would make more sense to say "Quorum is not available to hear this matter, so it will be deferred until quorum is available" (in normal cases) and "well, we're stuck with X arbs able to vote, so X arbs voting it has to be" (in emergencies) as opposed to what would happen with this motion, which would be to hear matters when not enough arbs are available to reach any decision, and then go "welp, not enough arbs are voting, so you're free to go, person who may or may not have done something terrible". This also raises the issue of why we're not just dealing with long-term arb inactivity in itself, to head off the need to do these case-law acrobatics. A fluffernutter is a sandwich! (talk) 02:52, 20 February 2013 (UTC)
• I think we (functionaries) serve at the pleasure of the committee and are or should be removable even without just cause or have to provide a reason in public. We are appointed by the committee, we are not elected, the committee is. The community, at least thru the directly-elected Committee, should have the last word on who should and shouldn't be a functionary. Obviously, to remove a functionary is no small matter, having us being entrusted with advanced and sensitive tools and having us being vetted and checked before hand, and most likely us being trusted and respected community members for some time. However, the Committee should have a way to remove those who have not abused their tools but who do no longer retain the Committee's trust, be it for consistently poor judgement, personal attacks or other behavior unbecoming of a functionary and that casts a shadow on our work, conflict of interest violation, and so on. In fact, I strongly believe the committee should have an open-ended option to remove functionaries, provided it obviously notify the user in question as to what the reasons for the removal are, as that is only fair. I do not believe this should create major issues or that the Committee would start removing those "they don't like", that would be petty and silly, and the Committee members are, whatever our personal disagreements with them may be, entrusted with some aspects of the governance of the project among which is specifically managing the permissions of Checkuser and Oversighter. I much dislike the fact that the community has no real way of removing admins in such circumstances (that is, consistently poor judgement that does not raise to the level of abuse) as it might lift some of the pressure that some of us feel when commenting on Requests for Adminship, that it is, short of flat out abuse, a life tenured position and that a decision made there and then is not reversible by the community. This should also go for the Arbitration Committee and functionaries. They should feel that if, no matter their rigorous vetting, a functionary has shown that for whatever reason (s)he's not a good fit for the job, they can remove him. Also I suggest that an Audit Subcommittee's "recommendation" should be binding as it pertain to the exercise of their functions, that is, that the Committee should be delegating to the AUSC all matters relating to functionary abuse and violation of policies and as such that their decision would have the effect of removing the functionary's access. The neutral role of the AUSC and their decisions should not have to be validated by the full Arbitration Committee to be effective. In the specific of the voting system, I have to agree with the Arbitrators who opposed a qualified majority rule for such decisions to be made, the committee is fairly small and a few recuses could bring any such motion to a halt. I suggest a 2/3 majority of the voting arbitrators should be enough to both ensure that such decisions would be feasible and that extra-consensus would be required. Snowolf 11:56, 20 February 2013 (UTC)

@SilkTork -- why do you recuse? NE Ent 12:01, 20 February 2013 (UTC)

• I must say I respectfully disagree with Snowolf. The idea that the functionaries are mere minions of Arbcom, to be appointed or dismissed at will, is perfectly acceptable in terms of Mediaeval monarchs, but I find it quite disturbing in the context of Misplaced Pages. And the idea that Arbcom can remove a functionary essentially because some members don't like them - rather than because the rules relating to the use of the tools has been breached or threatened, or some other agreed definition of 'wrongdoing' has occurred - would surely create an open door to politicking and abuse, as Risker has pointed out above. And I am minded that if Risker is raising it as a concern, the possibility of it happening is not negligible. Elen of the Roads (talk) 13:33, 20 February 2013 (UTC)

@Carcharoth - admins are for life as well. Although if you could institute a review system for functionaries, it might encourage one for admins. Elen of the Roads (talk) 16:29, 21 February 2013 (UTC)

• The problem with passing motions of any sort is, as that ArbCom's existing rules are biased against anything happening at all, and the pocket veto Fluffernutter refers to above is something regularly exercised by at least a couple of rather senior arbitrators. Consider that even in a regular vote, there are really only three sorts of responses:

• 1) Support. Increments the number of supports by one.
• 2) Abstain, Recuse, or Inactive. Decrements the number of voting arbitrators by one, and every other such vote decrements the number of supports needed by one.
• 3) Oppose or no vote. Doesn't do anything to the number of supports or the number of supports needed.

I think to solve the more general problem, the committee should reorganize voting into two different classes of voting:

First, traditional pass-then-implemented-in-24-hours voting, where clerks are watching the events unfold like hawks.

Second, a "net four to close" motion, used traditionally under one umbrella in cases.

The first sort of vote, which is a "rush" vote (inasmuch as anything the committee ever does is a rush), could probably stand to stay like it is. However, when there's a "net four for closure" rule, there's a second layer of protections, in that arbitrators are rarely shy about opposing a closure because other arbs have yet to vote, even if their own votes have been set for days or weeks. I would suggest to the current committee that any vote that is to be closed by a "net four for closure" process treat a no-vote as an abstention, reducing the number of voting arbitrators and the passing threshold, rather than as an oppose as is currently done and would continue to be done in the first sort of vote. Jclemens (talk) 02:40, 21 February 2013 (UTC)

I read all the stuff above, and am fully unconvinced of the need thereof. ArbCom has the ability, through normal processes already existing, to remove admin privileges for cause - and checkuser and oversight privileges should surely be treated in the same manner -- that is, requiring the use of the currently existing processes. Creating a strange new process which is less restrictive on ArbCom than the extant processes is, IMO, improper, unnecessary, and a solution in search of a problem. As an aside, I find the "net vote" system to be arcane at best where use of "2/3" or the like is customary in the "real world". The current system may require "more than unanimity" if only 3 arbs are voting, and if only 7 are voting (as is not all that uncommon in the past) two arbs have an absolute veto power over any decisions. In the outside world, if only 7 people can vote, then 5 is generally the maximun vote required for decisions. Aside to Snowolf: the use of "without cause" would open up the committee to pure politicking - and is also a "solution without a problem." Noting here my agreement with points made by Elen and Jclemens as well. Collect (talk) 14:46, 24 February 2013 (UTC)

I don't think it would. I feel I am very independent of the arbitration committee in my duty as an oversighter, yet I would have no objection to being removed if the ArbCom didn't feel I was doing a good job. In fact, ArbCom and the other oversighters are the only users who can tell whether I'm doing a good job as an oversighter or I'm making a mess. So to me it seems natural that they should have the power to remove me if I'm not suited for the job... Nobody else can: the community at large can't really review my actions given they're privacy-related and suppressed, and I for one, if I am doing a disservice to the community as an oversighter (not talking about abuse, just saying what if I am not cut out for the job but this was found out after I got it), somebody ought to be able to remove me. That is the general point on why I feel the Arbitration Committee should have the power to remove me. On the specifics of "without just cause", it's precisely so that they have the freedom to act in the best interests of the English Misplaced Pages (in my experience with the Committee, the folks there try to act in the best interest of this project, tho of course different people have different ideas about what's best for the project, but none of them would remove a functionary on a whim or personal dislike) without having to go into details of why such a removal would take place. This doesn't mean that it should be taken lightly, just that they wouldn't have to announce the reasons behind it, tho I would of course expect them to disclose them to the individual in question. I believe trust must exist between elected ArbCom and the "life-tenured un-elected functionaries" and if that relationship was broken, one shouldn't remain a functionary. That is of course my personal view, and as you've seen above other functionaries have different views but I want to clarify that I do personally thing such a concept would lead to politicking or whatever :) Snowolf 12:23, 5 March 2013 (UTC)

Note to clerks with respect to motions with respect to functionaries

These motions have now run their course and have received commentary and votes. The first two motions have passed, and the second two have not. Please enact the first two motions, adding the first to the procedures page, and making modifications as directed in the second. If you have any questions, please let me know. Risker (talk) 19:36, 10 March 2013 (UTC)