Dear all, Thanks for all the efforts in order to have more clarity in this regard. In my opinion, there isn't any element to be considered that could show that Pablo and Alejandra have a conflict of interests in the matter of this election. Since the creation of the ccNSO, where I have been involved for many years, never has it been considered that holding a role as councillors in the organization limits their right to propose a candidate, second them or to be elected to the roles inside the ccNSO or, in this case, to the board. I think that JJ is right when saying that there is not an indication of anything out of the ordinary in a councilor nominating a fellow councilor. Given that, and considering that we do not have any bylaw or rule that limits the participation of our vice chairs, the right path is to continue working as we have always been doing. Best regards Margarita Margarita Valdés Cortés, MBM-UAI Attorney - Legal and Business Manager NIC Chile - University of Chile www.nic.cl +56229407700 On 27-08-20 07:41, Nick Wenban-Smith 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 <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
On Thu, 27 Aug 2020 at 6:02 AM, Byron Holland <byron.holland@cira.ca <mailto:byron.holland@cira.ca>> wrote:
Dear Colleagues,
Please see the response below from ICANN legal.
Best regards,
Byron
CLASSIFICATION:CONFIDENTIAL
*From:*John Jeffrey <john.jeffrey@icann.org <mailto:john.jeffrey@icann.org>>
*Sent:* August 24, 2020 1:56 PM
*To:* Byron Holland <byron.holland@cira.ca <mailto:byron.holland@cira.ca>>
*Cc:* Bart Boswinkel <bart.boswinkel@icann.org <mailto: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 <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...>
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Sent on the run, apologies for brevity
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