Greetings Nick,

My understanding is that the vetting is done by a 3^rd party contracted by ICANN, and at the end of the day they come back with a “yes, or no” with respect to their qualifications. Further, my understanding is that NomCom runs their entire short-list of candidates by them, gets the result, and then works from there to come up with their nominee. I can see a similar situation for the ccNSO: We submit all the nominees, have ICANN Legal/HR sort out any issues that might arise, and then we announce and vote on the candidates, knowing upon announcement that they are all suitable for the Board. That’s all I’m arguing for here at the end of the day.

Council should not be in the business of determining what “a sufficient background check” is; it’s beyond our remit –I firmly believe this is an ICANN Org responsibility to sort out. My suggestion is that we rely on them to do the vetting, as the NomCom does.

This approach makes for a simpler Election Procedure Guideline, and removes the Council leadership from the role of having to decide if any individual candidate is “qualified” to run.

Best Regards,

/Stephen

From: Nick Wenban-Smith <Nick.Wenban-Smith@nominet.uk>
Date: Thursday, May 30, 2019 at 10:19
To: Ajay DATA <ajay@xgenplus.com>, "Stephen Deerhake @ ASNIC" <sdeerhake@nic.as>, ccnso-council <ccnso-council@icann.org>
Subject: RE: [ccnso-council] Action item regarding my issue with the proposed Board Seat 11 and 12 Guideline

Yes, this would be a more orthodox procedure.

Call for nominations makes it clear that background checks clearance (ie the individual is fit and proper to be an officer of a Californian company) is a condition for nomination and the necessary consents are obtained up front.
Background checks are done (could be via third party referencing agency).
Candidate slate is published after the checks are complete.

In my experience of running the Nominet elections, the main debate was over the extent of the background checks. Should this be limited to matters that at law would disqualify them – criminal convictions, bankruptcy etc, or go further to make an independent factual check on the claimed employment history and other matters included on their CV and nominations papers? Or even whether the candidates have the skills and experience are being sought as a minimum from suitable candidates.

But the point is that ccNSO members should know at the point they cast their votes that the candidates are all appointable, and any issues are resolved prior to publication of the candidate list.

Best wishes

Nick

From: Ccnso-council <ccnso-council-bounces@icann.org> On Behalf Of Ajay DATA
Sent: 30 May 2019 12:15
To: `stephen deerhake @ asnic` <sdeerhake@nic.as>; ccnso-council <ccnso-council@icann.org>
Subject: Re: [ccnso-council] Action item regarding my issue with the proposed Board Seat 11 and 12 Guideline

Hello Stephen,

The way forward you suggested - "I suggest a more suitable proposal needs to have prospective candidates submit nominations, with appropriate seconds, acceptances, and a signed release for the background check to an appropriate entity within ICANN.ORG without public disclosure of the candidacy at the time."

The above approach is already in practice by Nomcom and I have experienced the same. However I believe ICANN.ORG outsources the same. The entire thing was private and at-least I have not seen any information in public domain. Only after the candidate clears the background check, his name was announced. Before that no one knew in public domain that I applied for any position.

Thanks.

Ajay Data

From: "Stephen Deerhake @ ASNIC" <sdeerhake@nic.as> MailId : [91550901]
To: ccnso-council <ccnso-council@icann.org>
Subject: [ccnso-council] Action item regarding my issue with the proposed Board Seat 11 and 12 Guideline
Date: 30 May 2019 02:37:21 PM

Greetings,

Please find attached (PDF; A4 format) a detailed explanation of my issues with the proposed Guideline for the Election of Board Seats 11 and 12, as we discussed on our recent tele-conference. I am happy to discuss this further of course.

Best Regards,

/Stephen

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