Comments in line…

From: Chris Disspain <chris@disspain.uk>
Date: Friday, October 6, 2017 at 02:36
To: Stephen Deerhake <SDeerhake@nic.as>
Cc: ccNSO Council <ccnso-council@icann.org>
Subject: Re: [ccnso-council] FW: withdrawal as nomcom appointee

Hi Stephen, All,

Actually, Tom is correct. For many years each NomCom started with a completely blank sheet of paper and built itself from that with rules and procedures decided afresh. A few years ago we managed to have that shifted so that some steps were taken to record processes etc and take those into each NomCom but it is still the case that it is open to each new NomCom to act in any way they choose. Hopefully the currently underway review and the soon to be installed leadership next year’s NomCom will see this all change for the better. There is no staff blame whatsoever here.

> I don’t dispute what Tom articulated.  My core question is who holds the institutional knowledge?  And who is responsible for articulating that to the current NomCom?  If it’s not ICANN Staff, then who is responsible?  Are you suggesting that no one holds this, and no one is responsible?

My understanding is that each year the NomCom reaches out to the SOs and asks them for input. I don’t know if that happened this year but I believe the NomCom leadership is checking to see if it did and what, if any, responses they received.

> I presume that they did reach out.  I don’t recall any formal request that came to the ccNSO Council, but that does not mean we might not have received an email from the NomCom soliciting our advice.

FWIW, I don’t really see any benefit in bouncing the blame ball around in respect to communication with Marita. That is something that should be reserved for communication with the NomCom (and Board) in order to ensure the ground rules and boundaries are clear for the future. What matter most is that Marita understands that the ccNSO has empathy for her position and is grateful that she took the steps she did. A note from Katrina will go a long way to achieving that and will hopefully help to sweeten any bitterness Marita may feel toward the ccNSO. Writing that note from a frame of ensuring she understands that the ccNSO is blameless etc. will only serve to diminish its value.

> Could this have been handled better by the ccNSO Council?  Absolutely.  But I don’t think that we handled it that badly either.  Marita ended up (unintentionally) under the bus due to our rage at the NomCom over their explicit violation of the guideline we gave them (at their request) in 2012.  Keep in mind Chris that this is now the THIRD time that the NomCom has caused the ccNSO an issue (2005, 2012, and now, 2017).  Are you seriously suggesting that we have to articulate our Guidance to the NomCom year after year?

Best Regards,

/Stephen

Cheers,

Chris

On 6 Oct 2017, at 01:06, Stephen Deerhake <SDeerhake@nic.as> wrote:

I agree with both Demi and Nigel.

I submit we owe her our condolences on how this played out, if not an apology for what she’s been put through.  But it has to be made clear to all that this came about because the NomCom, for whatever reason, chose to ignore the explicit advice given to them (at their request) in 2012 surrounding the appointment of councilors who were in any way associated with a ccTLD.

As some of you may have read on DomainIncite, Tom Barrett, coming off a 2 year appointment to the NomCom, attempted to defend the NomCom’s action with respect to this appointment, citing a “lack of “Institutional Knowledge” on the part of the NomCom.  His argument is that, “…this means if one of the groups that the NomCom nominates candidates for, has some specific advice for evaluation criteria, they would need to provide it anew every year...”

In my view, this argument is BS.  If “Institutional Knowledge” is not carried within the NomCom from year to year (and I can believe that it might not be), then it should certainly be the responsibility of the ICANN Staff assigned to shepherd the NomCom through its responsibilities to hold and convey to the new NomCom members that institutional knowledge.

So perhaps at the end of the day we got to where we got with this unfortunate situation because ICANN staff failed to properly advise the NomCom; I will not assert this, but leave it to others to look into.

What we do need to make clear however is that unlike milk, which comes in a carton with an expiry date on it, ccNSO Advice to the NomCom does not come in a carton, and does NOT have an expiry date on it. And we most certainly should not have to restate it on an annual basis to the NomCom.

Best Regards,
Stephen Deerhake
CEO and Director of Registry Services
AS Domain Registry
GDNS, LLC
sdeerhake@nic.as
sdeerhake@gdns.net



On 10/5/17, 18:46, "ccnso-council-bounces@icann.org on behalf of Demi Getschko" <ccnso-council-bounces@icann.org on behalf of demi@nic.br> wrote:

   Agree with Nigel. But, anyway, I'm not against an "elegant" gesture,
   even if not required.
   best
   demi

   On 05/10/2017 07:46, Nigel Roberts wrote:

I agree that *NomCom* owes her an apology.

But I don't think the actions of the Chair, or any one on this Council
were incorrect or requiring a 'mea culpa' on our part.

I think we are grateful to her for resolving the matter without
rancour and we would regret how it arose.




On 05/10/17 11:38, Katrina Sataki wrote:

Hi Barrack,

Absolutely agree with you. As it was stressed several times - under
other circumstances we would be more than happy to welcome her to the
Council as I am sure she would be a great Councillor. We are going to
add this item to our agenda for the upcoming call.

Kind regards,

]{arina

*From: *Barrack Otieno <otieno.barrack@gmail.com>
*Date: *Thursday, 5 October 2017 at 12:48
*To: *Katrina Sataki <katrina@nic.lv>
*Cc: *"ccnso-council@icann.org" <ccnso-council@icann.org>
*Subject: *Re: [ccnso-council] FW: withdrawal as nomcom appointee

Hi Katrina,

Many thanks for the information. This is a positive step that gives
us an opportunity to fix the process that led to this debacle. I also
agree that Marita is a victim of circumstances and we owe her an
apology as a community considering the bold step Marita has taken
which demonstrates true leadership.

This is my humble opinion and observation

Best Regards

On Thu, Oct 5, 2017 at 11:31 AM, Katrina Sataki <katrina@nic.lv
<mailto:katrina@nic.lv>> wrote:

   FYI

   *From: *Marita Moll <mmoll@ca.inter.net <mailto:mmoll@ca.inter.net>>
   *Date: *Wednesday, 4 October 2017 at 23:08
   *To: *Katrina Sataki <katrina@nic.lv <mailto:katrina@nic.lv>>,
   "'hph@oslo.net <mailto:hph@oslo.net>'" <hph@oslo.net
   <mailto:hph@oslo.net>>
   *Cc: *"<steve.crocker@board.icann.org
<mailto:steve.crocker@board.icann.org>>;'john.jeffrey@icann.org
<mailto:john.jeffrey@icann.org>'<john.jeffrey@icann.org
   <mailto:john.jeffrey@icann.org>>; 'Steve Crocker' 'Joette
   Youkhanna'" <joette.youkhanna@icann.org
   <mailto:joette.youkhanna@icann.org>>, Herb Waye <herb.waye@icann.org
   <mailto:herb.waye@icann.org>>
   *Subject: *withdrawal as nomcom appointee

   VIA EMAIL

   October 4, 2017

   To: Mr. Hans Petter Holen, Chair, ICANN Nominating Committee, Ms.
   Katrina Sataki, Chair, ccNSO

   CC: Steve Crocker, Chair, ICANN Board of Directors, John Jeffrey,
   ICANN Legal Council, Herb Waye, ICANN Ombudsman


   Dear Mr. Holen and Ms. Sataki:

   This is to inform you that, in order to close the chapter on this
   unfortunate affair, I am withdrawing as nomcom appointee on the
   ccNSO council. Although I have been advised that my selection is
   still in effect and there is nothing prohibiting me from taking this
   position, it would be far too difficult to establish a positive
   working relationship in the negative environment that has developed
   around my selection. This is regrettable as I think I have a lot to
   contribute to the work of ccNSO. However, I am withdrawing at this
   time so the nomcom can select another candidate before the Abu Dhabi
   meeting.

   I do want to take this opportunity to express my feelings about the
   events of the last few weeks. For a volunteer community-based
   participant in this still evolving multi-stakeholder model, this has
   been a difficult time. I believe in the model and I was offering to
   contribute a considerable amount of my personal time and resources
   to the effort. Suddenly I was caught in the cross-fire of a rapidly
   escalating dispute between the ccNSO and the nomcom. The furor which
   erupted around my selection apparently resulted from different
   understandings on candidate eligibility between these two parties.
   This confusion needs to be addressed before anyone else is caught in
   the middle of such a dispute.

   It is also unacceptable that I was not informed about the conflict
   for an entire month after my selection was announced, a full month
   in which not one person contacted me to explain the situation. It
   was not until a few days ago, on Sept. 29, that I received an e-mail
   from the ccNSO chair informing me about the letter sent to the
   nomcom  denouncing my appointment. I was shocked.  Before I had a
   chance to think about it, the letter in question rapidly circulated
   and, within a few days, a situation that could have been contained
   and resolved early on became a news story on the Internet. At this
   point I contacted ICANN Ombudsman Herb Waye and I am very grateful
   for his steady guidance in helping me work through this process.

   Finally, I hope both parties will agree that I am owed a full and
   public apology for the way this dispute was handled, allowing it to
   spiral out of control. I know it was never my fault, but it
   obviously affects me as I am the candidate in question. My standing
   inside and outside the ICANN community should not suffer from this
   internecine dispute in which, everyone agrees, I am an innocent
party.

   Sincerely

   Marita Moll

   Sincerely

   Marita Moll


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--

Barrack O. Otieno
+254721325277
+254733206359
Skype: barrack.otieno
PGP ID: 0x2611D86A





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