Philip: Can you please respond to the matter that George has raised? If you believe he is wrong in his allegation that BC rules have not been properly observed we would like to have your point of view. If, on the other hand, our rules have not been followed it seems to us that the proper way to deal with this would be to immediately file a statement retracting the BC position filed yesterday, noting that it had not been properly approved by BC members, and to proceed to conducting a formal vote of the entire BC membership on this matter. If a vote is to be conducted we would appreciate some procedural background regarding the manner in which that is undertaken and the time period provided for it. Thank you. Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey ________________________________________ From: owner-bc-gnso@icann.org [owner-bc-gnso@icann.org] On Behalf Of George Kirikos [icann@leap.com] Sent: Thursday, June 25, 2009 9:37 AM To: BC gnso Subject: [bc-gnso] Has Philip Sheppard violated the BC charter? Hi folks, I am literally shocked to see that Philip has submitted a statement on behalf of the BC on the IRT, see: http://forum.icann.org/lists/irt-final-report/msg00087.html saying: "The BC recognizes the work and efforts of all those who participated in the IRT. The BC believes that this report is a productive step forward in addressing several issues with respect to new gTLDs." in particular given that 5 BC members (more than 10%) did not support that statement, and indeed supported my alternate proposal. Section 7.4 of our charter is explicit: http://www.bizconst.org/charter.htm "Where the discussion mechanism indicates a split in the Constituency of more than 10% of the number of paid-up members, there will then be a vote (typically by e-mail) on the position." There has been no such vote. Philip needs to explain why he should not be disciplined under 3.6 of our charter, for making such a statement on behalf of the constituency. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/