Dear Nick and all,I support your suggestions and thank you and Byron for stepping forward to help clarify this issue.Best regards,This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.On Thu, Aug 27, 2020 at 7:41 AM Nick Wenban-Smith <Nick.Wenban-Smith@nominet.uk> wrote:Delphic!
How about the following as a suggestion:
- Take up the offer for JJ to speak to Nigel a bit more about why he believes there’s a conflict of interests between acting as a councillor
and nominating/ seconding a board candidate. Conflicts are generally fact specific and there’s a distinct lack of facts here for anyone to make a determination. If JJ doesn’t make any headway here then I would be happy to speak to Nigel further and in confidence
if necessary to understand his position better (or perhaps we could nominate Bryon to do this?).- In the GNSO they are quite good about interests statements. We could perhaps look to having some of those published for councillors? E.g.
https://community.icann.org/display/gnsosoi/Nick+Wenban-Smith+SOI Doesn’t have to be anything particularly fancy and the easiest thing is probably to just replicate what
the GNSO does.- Have a standing agenda item at the start of council meetings whether there are any new interests to declare or potential conflicts with the business of the meeting. That way if there
are any issues of concern they can be discussed up front and if necessary a councillor can recuse themselves from the relevant parts of the meeting. Process is our friend here.
Best wishes
Nick
From: Ccnso-council <ccnso-council-bounces@icann.org>
On Behalf Of Jordan Carter
Sent: Wednesday, August 26, 2020 10:14 PM
To: ccnso-council <ccnso-council@icann.org>
Subject: Re: [ccnso-council] FW: [Ext] Request for advice - Board seat 12 election process
Hi all,
Byron, thanks for doing this and I am glad that JJ has replied.
Unfortunately it is a reply that’s not especially helpful.
My view as shared on the conference call is that there is nothing in our rules or guidelines that says there is any conflict of interest arising from someone acting as a seconded or nominator of a candidate seeking election.
JJ’s reply doesn’t endorse or contradict that view in a forceful way.
One thing we could do is to update (or create?) our conflicts of interest guideline that sets out clearly things that are to be declared, and situations where conflicts are known to arise. That is a standard aspect to being a good governing
body, as far as practice here in NZ goes.
Do we have such a doc already? Apologies for not hunting for it myself...
Cheers
Jordan
Dear Colleagues,
Please see the response below from ICANN legal.
Best regards,
Byron
CLASSIFICATION:CONFIDENTIAL
From: John Jeffrey <john.jeffrey@icann.org>
Sent: August 24, 2020 1:56 PM
To: Byron Holland <byron.holland@cira.ca>
Cc: Bart Boswinkel <bart.boswinkel@icann.org>
Subject: Re: [Ext] Request for advice - Board seat 12 election process
Byron,
Sorry for the delay in responding, it is quite rare that the ccNSO reaches out for advice to my office on such topics. I had a concern that the there might have
been an active ICANN Ombudsman complaint, but I have today, finally, confirmed
that there is not such complaint before the ombudsman. It was my impression that such matters rarely come to my office, but are typically dealt with either at the council level or by way of a complaint to the ICANN Ombudsman. I do appreciate that this relates
to the selection of a Board Member.
Accordingly, after reviewing the information publicly available to me and sent to me by you. I do not, at this time, have sufficient information to make a determination
on a conflict. Without any additional information made available,
there is not an indication of anything out of the ordinary in a councilor nominating a fellow councilor. I note that changes have been made to the process over time that might be tied together, with the assertion of conflict. I am available and would be willing
to seek additional information from Nigel (or anyone else raising the issue) to better understand the issue raised, or to understand whether it is tied to other matters simultaneously raised causing concerns, that are not apparent in the facts provided. Please
let me know if I can be of further assistance.
best regards,
John
John Jeffrey
General Counsel & Secretary, ICANN
12025 Waterfront Drive, Suite 300
Los Angeles, California 90094-2536
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Jordan Carter
Group Chief Executive, InternetNZ
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Sent on the run, apologies for brevity
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