Hello Dave, I am sure the text you quoted is meant to read as "...He feels that not allowing recusal may impact our credibility...." and I so agree with that as well. It's unrealistic to expect a recusal to suffice, such individuals should resign prior to any other person establishing the conflict. It's important to have members that know they are unlikely to have conflict in the first place. Regards On Mon, 5 May 2025 at 15:39, Dev Anand Teelucksingh via At-Large < at-large@icann.org> wrote:
Hello All,
Just to clarify what is in the ALAC/At-Large Procedure related to gARG membership requirements and Conflicts of Interest
"gARG Membership Requirements
Members should preferably possess legal expertise and strong proficiency in English, and must be free from any actual or perceived conflicts of interest.
Examples of conflicts of interest include, but are not limited to: * Being a member of an At-Large Structure that is publicly promoting or supporting a gTLD application, * Having a substantive financial interest in an applicant that has applied for a gTLD string, * Employed by, or having a family member employed by, any applicant that has applied for a gTLD string, * Providing any services (legal or technical) to any applicant that has applied for a gTLD string; and/or * Having a close family relationship (e.g. spouse, partner, sibling, parent, child) with an individual who has a financial or employment interest in an applicant that has applied for a gTLD string.
"If a gARG member identifies a potential Conflict of Interest (COI) with a specific gTLD application after Reveal Day (such as one affecting an industry they are involved in), they may choose to resign. If they opt to remain, they must disclose the COI to the gARG and the ALAC and recuse themselves from all discussions and drafting related to that gTLD application. Any concerns about an undisclosed COI should be directed to the ALAC Chair who will be empowered to take whatever action he/she decides."
The comment that accompanied the procedure when submitted to the OFB :
"Tijani has expressed concern about the option for a gARG member to recuse themselves from a specific application(s) instead of resigning. He feels that not allowing recusal may impact our credibility and lessen the strength of our objections, and that the gARG should be fully free of any conflict with ALL applications. If that is not the case, the applicant may use this to attempt to undermine our standing. The counter argument is that a resignation due to a conflict with one application may impact our ability to respond to another un-connected application and may impact our ability to respond to an appeal. Recusal is an effective remedy in the ICANN Board and should suffice for us."
Kind Regards,
Dev Anand Teelucksingh
On Mon, May 5, 2025 at 1:20 PM Tijani via At-Large <at-large@icann.org> wrote:
Dear OFB and ALAC members,
On the ALAC Small team for the ALAC Objection (new gTLD applications), we reached a pretty good consensus about the procedure that the team leader (Dev) and Alan shared with you.
But there was a point on which we disagreed, and Alan wrote a remark about it that I want to clarify for you to take the final decision:
I’m concerned about the option for a conflicted gARG member to recuse him/her self from a specific application(s) instead of resigning.
I feels that being the only part of the ICANN community that has the privilege to be funded to object, ALAC shouldn’t allow recusal instead of mandate resignation because this may impact our credibility and lessen the strength of our objections.
I do believe that the gARG should be fully free of any conflict with ALL applications. If that is not the case, the applicant may use this to attempt to undermine our standing.
For the record, in this very “ALAC Procedure for Filing Comments and Objections in the Next Round” we are providing, it’s clearly mentioned that the main criterion of eligibility for the gARG membership is that members must be free from any actual or perceived conflicts of interest (see gARG membership paragraph).
I also think that none is absolutely needed for At Large to make comments, objections or appeals; the gARG is composed of 15 members, and it may work perfectly with 14 when the conflicted member resigns: the ability of the gARG to respond to an application and/or an appeal wouldn’t be affected.
This is for our credibility and for avoiding any risk to see our objection rejected because a member of the group (in charge ofidentify ing concerns, Drafting ALAC comments, Monitoring responses to ALAC comments and recommend whether to escalate to a formal objection, Draft ing ALAC objection statements, Monitoring responses to ALAC objection and if dismissed, recommend whether to appeal; and Drafting ALAC Appeal statement) has a conflict of interest.
In case there are many gARG members with a COI, the situation would be worse. Their resignation is more than necessary to keep the group (and ALAC) credible; they may be replaced.
Now that I made my point clearly, it’s up to you to take the right decision thereupon.
Tijani
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-- ------------------------------------------------------------------------ *Seun Ojedeji,* Bringing another down does not take you up - think about your action!