Hello, According to the August 17, 2009 notice: http://forum.icann.org/lists/bc-gnso/msg00319.html "Nominations must indicate whether the candidate is standing to represent small business or large business. Candidates cannot stand for both." I believe this language was very clear. Someone who has already stood for the small business seat cannot stand for the large business seat. Furthermore, I was always under the impression that Fairwinds Partners (Phil Lodico's company) was a Category 1 BC member (i.e. "large"). If that's not the case, then I think members might have protested the appointment last year, had they known this apparent discrepancy, especially given there was already a controversy last year over the exclusion of Rick Anderson's nomination. The public BC Members list at http://www.bizconst.org/members.htm should be augmented with an additional column with the membership category of each organization, for transparency. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Mon, Sep 7, 2009 at 4:07 AM, Philip Sheppard<philip.sheppard@aim.be> wrote:

Marilyn, thank you for informing us about your complaint to the Ombudsman. This does seem unfortunate.

You seem also to think it was OK for yourself to post an interpretation about election eligibility to the list but seek to silence an elected BC officer replying with a clarification that is consistent with past BC practise. For the record I have not nominated anyone for the current election. I did nominate a candidate for the previous now complete election.

Clarification 1. The election notice states the following: "Nominations for candidates should be made by a paid-up member of the BC nominating ONE candidate. Candidates can be either a paid-up member of the BC or someone who is demonstrably associated/affiliated to the BC. This association/affiliation must be explained clearly by the candidate in his or her election statement."

2. Previous BC appointees to the nom com have been as follows.

2004 Mike Roberts (S) & Grant Forsyth (L). Roberts was from a small company member, Forsyth from a large. 2005 Marilyn Cade (S) & Catherine Gabay (L). Cade was from a small company (but ex AT&T, a large company). Gabay was from a category 2 regional association representing more small companies than large. 2006 Ken Fockler (S) & Catherine Gabay (L). Fockler was ex ICANN Board (?) and associated with a small BC member. Gabay was from a category 2 regional association representing more small companies than large. 2007 Waudo Siganga (S) & Grant Forsyth (L). Siganga was from large BC member but had a network of small companies. Forsyth was by then not a BC member. 2008 Liz Williams (S) & Phil Lodico (L) . Williams was from a small company BC member. Lodico was also from a small company BC member but had a network of large companies.

3. In other words past BC practise - as I tried to explain in my previous email - is exactly NOT strict on matching BC member category to the two nom com roles. If it did do we exclude category 2?

That is why I said it was up to the candidate to explain to us all WHY they had particular qualities that fit the nom com seat - in this case the large business seat.

Philip