Nirmol,

Aha, was my first reaction - I mean the Conflict of Interest caluse
you quoted from the bylaws is NOT what I had in mind about
the nature of the NomCom.

Since I am on the road (now in Xi'an), I cannot spend much time to
find all the material online, but what I wrote about the nature and
direction or very reason of the NomCom was rather a recollection
of my memory, based on the past facts/processs of ICANN reform
and why they/we agreed to setup NomCom, an indirect method
of selecting officers rather than direct elections (for the Board and
other positions such as GNSO council and ALAC members).

It is not only the financial conflict of interest which defines the
roles of the each committee members or qualificatoin and functions or
responsibilities of them. It is the understanding of these positions
as historical (sort of) and of mutual understandings. But that is
well-reflected in the NomCom description here:

http://nomcom.icann.org/#charge

I would suggest you all to read them again, especially the following
sentences:

The NomCom is charged with populating a portion of the ICANN Board as noted above, as well as the Council of the GNSO, the Interim ALAC, and the Council of the ccNSO. The NomCom complements the other means for filling a portion of key ICANN leadership positions achieved within the Supporting Organizations.
<snip>

The Nominating Committee is designed to function independently from the Board, the Supporting Organizations, and Advisory Committees. Nominating Committee members act only on behalf of the interests of the global Internet community and within the scope of the ICANN mission and responsibilities assigned to it by the ICANN Bylaws.

Members contribute to the Nominating Committee both their understanding of the broad interests of the Internet as a whole and their knowledge and experience of the concerns and interests of the Internet constituencies which have appointed them. The challenge for the Nominating Committee is to integrate these perspectives and derive consensus in its selections. Although appointed by Supporting Organizations and other ICANN entities, individual Nominating Committee members are not accountable to their appointing constituencies. Members are, of course, accountable for adherence to the Bylaws and for compliance with the rules and procedures established by the Nominating Committee
and also in their Code of Ethics here:
http://nomcom.icann.org/ethics-2007.html

They act as individuals and are not beholden to their appointing constituencies as they work by consensus to derive the NomCom slates of Selected Nominees for these leadership bodies.

The NomCom functions independently from the ICANN Board, Supporting Organizations, and Advisory Committees. The NomCom selections are final; no further approval or ratification is needed.


So, it is not the "representatives" of the entity which appoint them,
this case ALAC, but not RALO, and I tried to explain these.
 
I hope it helps to reach mutual understanding, and sorry for my poor
explanation if that still remains.
 
best,
 
izumi
 


2007/8/24, nirmol xxxx <nirmol@atensassociates.com>:
> Dear Izumi,
>  
>  I still cannot understand why you think that -
>  
> "If this Nomcom members are also representatives of RALO and hence from ALS,
> the very reason why we have Nomcom becomes undermined."
>  
> When the ICANN's Conflicts of Interest Policy [Adopted March 4, 1999,
> pursuant to ICANN Bylaws, Article V, Section 7, and Article VI, Section
> 3(b)] clearly lays down as follows:
>  
> "Purpose
> The purpose of the Conflicts of Interest policy is to ensure that the
> deliberations and decisions of the Corporation are made in the interests of
> the global Internet community as a whole, and to protect the interests of
> the Corporation when it is contemplating entering into a transaction,
> contract, or arrangement that might benefit the private interest of an
> Interested Director, Officer or Person (as defined below). An Interested
> Director, Officer or Person may not use his or her position with respect to
> the Corporation, or confidential corporate information obtained by him or
> her relating to the Corporation, in order to achieve a financial benefit for
> himself or herself or for a third person, including another nonprofit or
> charitable organization. This policy is intended to supplement but not
> replace any applicable laws governing conflicts of interest in nonprofit and
> charitable corporations."
>  
> Thus the only conflict forbidden is financial interest which may conflict
> with the Nomcom position and no other.
>  
> Needless to say, i see no conflict between the ICANN, ALAC and APRALO.
>  
> Regards,
>  
> Nirmol    
>
>
> "Rajnesh D. Singh" < rajnesh@pacificit.org> wrote:
> Forwarded to the list as per Izumi's request below.
>
>
> -------- Original Message --------
> Subject: Re: [APAC-Discuss] [Fwd: RE: NomCom 2008 Position]
> Date: Thu, 23 Aug 2007 23:18:47 +0900
> From: Izumi AIZU
> To: nirmol xxxx
> CC: Bilal S. Beirm , rajnesh@pacificit.org,
> Asia-Pacific Discuss
> References:
> <8157321273FDDF4FBFED93102976F07F0F7409@mail.tago.org>
> < 838286.37890.qm@web812.biz.mail.mud.yahoo.com>
>
>
>
> Dear all, I didn't realize my posting was bounced - maybe usgin gmail
> with my original address was the reason... in that case, Rajnesh, could you
> kindly forward this to the list?
>
>
> And, as for what Nirmol wrote, honestly I could not understand
> why exactly you could not agree with the explanation I wrote.
> I did not write, or intended to say that anyone is partial.
> I think and I thought each one is equally good including Siavash
> who is not a member himself, but nominated by a member of
> APRALO and seconded.
>
> I would appreciate if someone, either NIrmol himsel and/or someone
> who could understand what he wrote could explain that to me.
>
> I do not see any "bias" in my own message or any other so far
> except putting Siavash outside the candidate. I might be wrong,
> and I am open and willing to know if that's the case.
>
> Thanks,
>
> izumi
>
>
> 2007/8/23, nirmol xxxx :
> > dear all,
> >
> > I quite disagree with the explantion forwarded by Izumi.
> >
> > I dont understand why any one will be partial.
> > What makes anyone think that a memeber of APRALO will be impartial.
> > In that case it can be agrued that a non member would not as much be
> > interested in the affairs as would a member be (no offence to Siavash).
> >
> > I think the explanation was totally uncalled for, taking into account the
> > healthy functioning of the organisation so far.
> >
> > I think all of us have organised ourself into this organisation for a
> noble
> > purpose and biases should not be interpreted unless they are capable of
> > being substantiated, afterall APRALO, ALAC and ICANN have one objective in
> > mind the development of healthy and futuristic policies for the benefit of
> > the 'registered name holder' and the end user and any one capable of
> helping
> > this objective is equal to another.
> >
> > No intention to be offensive to anyone but i think the mail was not in the
> > spirit of consensus and hormony.
> >
> > God bless
> > Nirmol
> > ISVK India
> >
> >
> > "Bilal S. Beirm" wrote:
> > Agree with Izumi's comments.
> >
> > Bilal
> > -----Original Message-----
> > From: apac-discuss-bounces@atlarge-lists.icann.org
> > [mailto:apac-discuss-bounces@atlarge-lists.icann.org] On
> > Behalf Of Izumi
> > AIZU
> > Sent: Thursday, August 23, 2007 2:38 AM
> > To: rajnesh@pacificit.org
> > Cc: Asia-Pacific Discuss
> > Subject: Re: [APAC-Discuss] [Fwd: RE: NomCom 2008 Position]
> >
> > In summary, I am OK with all THREE candidates, even though each seemed
> > to have some minor process questions.
> >
> > I agree with Siavash and also Cheryl that NomCom position is not
> > "representative of ALS", thus Siavash is perfect for candidate from
> > ALAC to NomCom.
> >
> > If this NomCom members are also representative of RALO and hence from
> > ALS, the very reason why we have NomCom
> > becomes undermined. The intentionally setup NomCom outside the
> > representation mechanism to keep sort of neutrality and wider
> > governance in my understanding.
> >
> > I also like to remind that the final body to recommend the NomCom
> > members is ALAC, not RALOs, globaly. So APRAL can make recommendations
> > to ALAC, but we are not in the postion to make the FINAL decision.
> >
> > So, I woudl agree with Cheryl who just sent the list her suggestion to
> > send all three candidates.
> >
> > Thanks,
> >
> > izumi
> >
> > 2007/8/23, Rajnesh D. Singh :
> > > Note the following re: Nirmol's nomination.
> > >
> > >
> > >
> > > -------- Original Message --------
> > > Subject: RE: [APAC-Discuss] NomCom 2008 Position
> > > Date: Wed, 22 Aug 2007 19:59:51 +0800
> > > From: Christopher To
> > > To:
> > > CC: Gary Soo
> > > References: <46CBE1AB.9080503@pacificit.org>
> > >
> > >
> > >
> > > Rajnesh,
> > >
> > >
> > >
> > > The HKIF supports Nirmol Agarwal on this matter.
> > >
> > >
> > >
> > > Hope this helps.
> > >
> > >
> > >
> > > Kind regards
> > >
> > > Christopher
> > >
> > >
> > >
> > >
> > >
> > >
> >
> ------------------------------------------------------------------------
> > >
> > > *From:* apac-discuss-bounces@atlarge-lists.icann.org
> > > [mailto:apac-discuss-bounces@atlarge-lists.icann.org]
> *On
> > Behalf Of
> > > *Rajnesh D. Singh
> > > *Sent:* Wednesday, August 22, 2007 3:12 PM
> > > *To:* Asia-Pacific Discuss
> > > *Subject:* [APAC-Discuss] NomCom 2008 Position
> > >
> > >
> > >
> > > Colleagues,
> > >
> > > The deadline for nominations has closed.
> > >
> > > We have 3 candidates nominated thus far, summarised below.
> > >
> > > **CANDIDATE**
> > >
> > >
> > >
> > > **NOMINATED BY**
> > >
> > >
> > >
> > > **ALS**
> > >
> > >
> > >
> > > **NOMINATION DATE**
> > >
> > > Nirmol Agarwal (ISVK)
> > >
> > >
> > >
> > > ISVK-India /
> > >
> > >
> > >
> > > ISVK-India /
> > >
> > >
> > >
> > > 14th August 2007
> > >
> > > Siavash Shahshahani (No ALS)
> > >
> > >
> > >
> > > Cheryl Langdon-Orr /
> > >
> > > Bilal Beiram
> > >
> > >
> > >
> > > ISOC-AU /
> > >
> > > AKMS
> > >
> > >
> > >
> > > 15th August 2007
> > >
> > > Karaitiana Taiuru (New Zealand Maori Internet Society)
> > >
> > >
> > >
> > > New Zealand Maori Internet Society /
> > > Franck Martin
> > >
> > >
> > >
> > > New Zealand Maori Internet Society /
> > >
> > >
> > >
> > > 15th August 2007
> > >
> > >
> > > Out of the above 3 candidates, 2 were self-nominations (Nirmol and
> > > Karaitiana). Siavash has not indicated to the list that he has
> > accepted
> > > the nomination.
> > >
> > > At the Bali Meeting earlier this year, there was general consensus
> > that
> > > APRALO roles and functions would be handled by members from within
> > ALS'.
> > > If there was no interest from within ALS' then such roles and
> > functions
> > > could be offered to persons outside the ALS'. In this instance we have
> > 2
> > > persons representing ALS' interested in the position, and 1 person
> > > nominated from outside the APRALO ALS'.
> > >
> > > If we stick to the consensus agreed to in Bali, then our preference
> > must
> > > be between Nirmol and Karaitiana.
> > >
> > > I now seek your guidance on reaching consensus on our candidate
> > > nomination. The other options are to offer both candidates to ALAC and
> > > let them pick one, or we vote and decide. Note that we need to reach
> > > this decision by the end of this coming weekend.
> > >
> > > I look forward to your input.
>
>
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>
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>
>
> _______________________________________________
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> http://atlarge-lists.icann.org/mailman/listinfo/apac-discuss_atlarge-lists.icann.org
>
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>


--
                      >> Izumi Aizu <<

             Institute for HyperNetwork Society
             Kumon Center, Tama University
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