To add to the complexity, as the Ombudsman I have no jurisdiction on issues in relation to membership of the Board-See Bylaw V Section 3 (2) which says-" the Ombudsman shall have no authority to act in any way with respect to internal administrative matters, personnel matters, issues relating to membership on the Board.". So the original intent of the bylaws, as cited by Bruce Tonkin (with whom I agree on this issue) was to protect the directors from possible political action. By insulating the board in membership issues from the Ombudsman investigation process does this prevent for example me investigating diversity issues, which are a membership issue? Would I have a role if the community wanted a board member investigated for issues or decisions? I have had a small number of complaints about board members over the years. Is this something the community wants me to continue? I am anxious to ensure any changes to my mandate do have community support. Regards Chris LaHatte Ombudsman Blog <https://omblog.icann.org/> https://omblog.icann.org/ Webpage <http://www.icann.org/en/help/ombudsman> http://www.icann.org/en/help/ombudsman Confidentiality All matters brought before the Ombudsman shall be treated as confidential. The Ombudsman shall also take all reasonable steps necessary to preserve the privacy of, and to avoid harm to, those parties not involved in the complaint being investigated by the Ombudsman.The Ombudsman shall only make inquiries about, or advise staff or Board members of the existence and identity of, a complainant in order to further the resolution of the complaint. The Ombudsman shall take all reasonable steps necessary to ensure that if staff and Board members are made aware of the existence and identity of a complainant, they agree to maintain the confidential nature of such information, except as necessary to further the resolution of a complaint
What about putting some accountability obligation on the Board members. I am not seeing speedbumps that will weed out potential bad board members ie -limit the number of other Boards they sit on - require complete disclosure to the community when the Board member is proposed which would censure behaviours like Crocker who after the fact when it was close to a vote disclosed a 'conflict' of interest but not prior -a board member who exceeds the number of determined Boards they can sit on must step down not continue -maybe require Board members to post a bond or carry insurance as a step to mitigate abuse of position and to help weed out people who are serious. someone who doesnt have the money can crowdfund to bond but must disclose all parties, anonymous donor not acceptable -all foreign affiliations/investors must be disclosed at all times it happens looking at the Crocker situation Sincerely Carrie Devorah www.centerforcopyrightintegrity.com On Sun, Mar 1, 2015 at 3:43 PM, Chris LaHatte <chris.lahatte@icann.org> wrote:
To add to the complexity, as the Ombudsman I have no jurisdiction on issues in relation to membership of the Board-See Bylaw V Section 3 (2) which says-“ the Ombudsman shall have no authority to act in any way with respect to internal administrative matters, personnel matters, issues relating to membership on the Board…”. So the original intent of the bylaws, as cited by Bruce Tonkin (with whom I agree on this issue) was to protect the directors from possible political action.
By insulating the board in membership issues from the Ombudsman investigation process does this prevent for example me investigating diversity issues, which are a membership issue? Would I have a role if the community wanted a board member investigated for issues or decisions? I have had a small number of complaints about board members over the years. Is this something the community wants me to continue?
I am anxious to ensure any changes to my mandate do have community support.
Regards
Chris LaHatte
Ombudsman
Blog https://omblog.icann.org/
Webpage http://www.icann.org/en/help/ombudsman
Confidentiality
All matters brought before the Ombudsman shall be treated as confidential. The Ombudsman shall also take all reasonable steps necessary to preserve the privacy of, and to avoid harm to, those parties not involved in the complaint being investigated by the Ombudsman.The Ombudsman shall only make inquiries about, or advise staff or Board members of the existence and identity of, a complainant in order to further the resolution of the complaint. The Ombudsman shall take all reasonable steps necessary to ensure that if staff and Board members are made aware of the existence and identity of a complainant, they agree to maintain the confidential nature of such information, except as necessary to further the resolution of a complaint
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-- Sincerely CARRIE Devorah 562 688 2883 DISCLAIMER : With the continuing crossing and interfacing of platforms both on & off line both with & without our knowledge nor approval to note nothing sent over the Internet anymore is ever private nor should be presumed to be so. If it is that much of a secret, say nothing. If you must? Take a lesson from our military- hand write the note, chew then swallow
participants (2)
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Carrie Devorah -
Chris LaHatte