What must be in a proper draft charter -- #1: Proper Financial Controls
![](https://secure.gravatar.com/avatar/1e3625ade5828a7874330938baf0d27b.jpg?s=120&d=mm&r=g)
Hi folks, Given we have two weeks to deliberate, and while free speech continues under the existing charter, I plan a series of bite-sized posts on what should be in a future charter (and as per my prior post, all charter discussions and the charter itself should be on the public mailing list, as per the vote we had months ago which made any other mailing list illegitimate). #1: Proper Financial Controls ---------------------------------------- At present, there is no separate bank account that belongs to the constituency. Would ICANN permit all the funds of the organization to be held by Paul Twomey's Argo Pacific, a contractor, instead of being held in its own name? Of course not. Neither should the BC. This is beyond being basic. With members like eBay (who own PayPal) with great financial experience present, it would be very simple to design effective financial controls that ensure proper financial controls. Sites like PayPal.com or FreshBooks.com allow for easy bookkeeping. *** Recommendation A: The BC charter should mandate that it should have its own bank account. At a minimum, large balances like the reserve fund of the constituency should be held independently of any contractors, e.g. held by ICANN or the GNSO. --------- To ensure accountability, there should be a democratic process for spending and for fees. This can only take place if budgets are voted upon, and if there is an Elected Treasurer. This elected Treasurer provision is present, for example, in the Registrars constituency (see section 3.1.2 of http://www.registrarconstituency.com/legal/bylaws.php ) and the IP Constituency (see IV.(A) of http://www.ipconstituency.org/bylaws.htm ). *** Recommendation B: The BC charter should mandate an elected Treasurer and a budget process that is accountable via a democratic vote amongst all BC members. ----------- Also to ensure accountability, the finances of the constituency should be subject to audit. This is present in the IP Constituency (section VII.D, http://www.ipconstituency.org/bylaws.htm) and ensures that the funds of the constituency are being properly spent *** Recommendation C: The BC charter should mandate that: "Upon a request made in writing (including via e-mail) to the officers by any member, there shall be an independent review conducted of all BC ledgers and accounts. The BC officers shall select the conductor of said review, a neutral third party with recognized accounting experience. The results of said review shall be made known to the BC." In order to keep these "bite sized", I'll have more on financial and other topics in future posts. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/
![](https://secure.gravatar.com/avatar/4467d6439e53ca632c96d571798107d9.jpg?s=120&d=mm&r=g)
Please note. I thought it appropriate to post the full draft text to members only and so used the internal list. Once members have agreed to the revised Charter the complete text will be public. There is of course no problem in discussion being on our usual publicly archived list. We do indeed plan to hold a call and hope that list discussion will help select those issues that can be most productively dealt with via a call. Details will follow after an officers call this week. On timing we can take as long as we want if we don't mind have zero reps seated on Council ! Please see the attached note from ICANN staff on timetable. I have highlighted the parts of relevance. Philip
![](https://secure.gravatar.com/avatar/1e3625ade5828a7874330938baf0d27b.jpg?s=120&d=mm&r=g)
Hello, On Tue, Sep 1, 2009 at 4:05 AM, Philip Sheppard wrote:
Please note. I thought it appropriate to post the full draft text to members only and so used the internal list.
Actually, this is *exactly* why we had the vote that we did, so that one BC member could not unilaterally decide to censor discussions by making them "members only." The "internal list" is illegitimate, and does not exist. Re-read the text of what we voted on, it was very clear. What one member thinks is "appropriate" is irrelevant given the vote we had. And to make my point further, I've attached to this post the draft BC charter that was sent by the officers yesterday, so now it is public and archived. Those following our mailing list (millions of businesses we purport to represent) and other organizations (DOC, DOJ, etc. who monitor our list) can see transparently how the BC operates, and the ful uncensored context of our discussions. And to make another point, I've reviewed the terms under which the 2009 Budget were released. There were no restrictions put on its use. I am thus putting it on the public list, and will refer to it in my comments on the draft charter (as per my previous "bite size posts") in the coming days. Members don't need to "ask permission" to do things that are 100% within the existing charter and rules. Sincerely, George Kirikos 416-588-0269
participants (2)
-
George Kirikos
-
Philip Sheppard