Hello All, Thanks Byron for sharing and I agree with Jordan, for pro[er governance, we need to decide and document what qualifies as conflicts and what does not. As it is today, and with the situation we find ourselves, there are too many shades of grey around the issues. Thanks and have a great day/night. Biyi Oladipo On Wed, Aug 26, 2020 at 10:14 PM Jordan Carter <jordan@internetnz.net.nz> wrote:
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> wrote:
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 <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...>
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direct dial - +1.310.301.5834
mobile - +1.310.404.6001
JJ@ICANN.org
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Sent on the run, apologies for brevity _______________________________________________ Ccnso-council mailing list Ccnso-council@icann.org https://mm.icann.org/mailman/listinfo/ccnso-council _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.