FW: [Ext] Request for advice - Board seat 12 election process
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 direct dial - +1.310.301.5834 mobile - +1.310.404.6001 JJ@ICANN.org<mailto:JJ@ICANN.org>
Thanks, Byron. John's answer seems very rational to me. best demi On 26/08/2020 15:02, Byron Holland 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 Los Angeles, California 90094-2536
direct dial - +1.310.301.5834 mobile - +1.310.404.6001 JJ@ICANN.org <mailto:JJ@ICANN.org>
_______________________________________________ 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.
Dear Byron, Thank you so much. 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 Wed, Aug 26, 2020 at 2:02 PM 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 Los Angeles, California 90094-2536
direct dial - +1.310.301.5834 mobile - +1.310.404.6001 JJ@ICANN.org
_______________________________________________ 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.
Dear Byron Thank you for the information. Best regards, Alejandra -- [image: Photograph] *Alejandra Reynoso*Investigación & Desarrollo | Dominios .gt *P:* +502 23688565 *E:* alejandra.reynoso@cctld.gt 18 Ave. 11-42 Zona 15, V.H. III. Guatemala, Guatemala www.gt On Wed, Aug 26, 2020 at 12:02 PM 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 Los Angeles, California 90094-2536
direct dial - +1.310.301.5834 mobile - +1.310.404.6001 JJ@ICANN.org
_______________________________________________ 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.
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...>
Los Angeles, California <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> 90094 <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> -2536
direct dial - +1.310.301.5834
mobile - +1.310.404.6001
JJ@ICANN.org
_______________________________________________
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.
-- Jordan Carter Group Chief Executive, InternetNZ +64-21-442-649 -|- jordan@InternetNZ.net.nz Sent on the run, apologies for brevity
I concur with Jordan’s thanks to Byron, his analysis of JJ’s position, and his suggestion that Council needs to consider adoption of a formal conflict of interest policy. With respect to the latter, I would be curious to know what other SO/AC’s might have developed along these lines. Best Regards, /Stephen From: Ccnso-council <ccnso-council-bounces@icann.org> On Behalf Of Jordan Carter Sent: Wednesday, August 26, 2020 5:14 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...> Los Angeles, California <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> 90094<https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0ALos+Angeles,+California++90094?entry=gmail&source=g>-2536 direct dial - +1.310.301.5834 mobile - +1.310.404.6001 JJ@ICANN.org<mailto:JJ@ICANN.org> _______________________________________________ Ccnso-council mailing list Ccnso-council@icann.org<mailto: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. -- Jordan Carter Group Chief Executive, InternetNZ +64-21-442-649 -|- jordan@InternetNZ.net.nz<mailto:jordan@InternetNZ.net.nz> Sent on the run, apologies for brevity
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...>
Los Angeles, California <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> 90094 <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> -2536
direct dial - +1.310.301.5834
mobile - +1.310.404.6001
JJ@ICANN.org
_______________________________________________
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.
-- Jordan Carter Group Chief Executive, InternetNZ
+64-21-442-649 -|- jordan@InternetNZ.net.nz
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.
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 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...> Los Angeles, California <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> 90094<https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0ALos+Angeles,+California++90094?entry=gmail&source=g>-2536 direct dial - +1.310.301.5834 mobile - +1.310.404.6001 JJ@ICANN.org<mailto:JJ@ICANN.org> _______________________________________________ Ccnso-council mailing list Ccnso-council@icann.org<mailto: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. -- Jordan Carter Group Chief Executive, InternetNZ +64-21-442-649 -|- jordan@InternetNZ.net.nz<mailto:jordan@InternetNZ.net.nz> Sent on the run, apologies for brevity
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
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...>
Los Angeles, California <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> 90094 <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> -2536
direct dial - +1.310.301.5834
mobile - +1.310.404.6001
JJ@ICANN.org
_______________________________________________
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.
--
Jordan Carter Group Chief Executive, InternetNZ
+64-21-442-649 -|- jordan@InternetNZ.net.nz
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.
+1 Kindest Regards, Laura Margolis El El jue, 27 ago 2020 a las 10:55, Pablo Rodriguez <pablo@nic.pr> escribió:
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
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...>
<https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0A+...>
Los Angeles, California <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...>
<https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0A+...> 90094 <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> -2536
<https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0A+...>
direct dial - +1.310.301.5834
mobile - +1.310.404.6001
JJ@ICANN.org
_______________________________________________
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.
--
Jordan Carter
Group Chief Executive, InternetNZ
+64-21-442-649 -|- jordan@InternetNZ.net.nz
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.
_______________________________________________
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.
Dear All I agree with Jordan and Nick that a clear process should be established to determine a conflict of interest in the future. A written guideline would certainly be the best way to implement it. Best regards, Alejandra -- [image: Photograph] *Alejandra Reynoso*Investigación & Desarrollo | Dominios .gt *P:* +502 23688565 *E:* alejandra.reynoso@cctld.gt 18 Ave. 11-42 Zona 15, V.H. III. Guatemala, Guatemala www.gt On Thu, Aug 27, 2020 at 7:55 AM Pablo Rodriguez <pablo@nic.pr> wrote:
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
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...>
Los Angeles, California <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> 90094 <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> -2536
direct dial - +1.310.301.5834
mobile - +1.310.404.6001
JJ@ICANN.org
_______________________________________________
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.
--
Jordan Carter Group Chief Executive, InternetNZ
+64-21-442-649 -|- jordan@InternetNZ.net.nz
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.
_______________________________________________ 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.
Hi all, I agreed with Alejandra’s comment. Regards Margarita Margarita Valdés Cortés, MBM-UAI Attorney - Legal & Business Manager NIC Chile - University of Chile www.nic.cl +56229407734
El 27-08-2020, a la(s) 15:18, Alejandra Reynoso <alejandra.reynoso@cctld.gt> escribió:
Dear All
I agree with Jordan and Nick that a clear process should be established to determine a conflict of interest in the future. A written guideline would certainly be the best way to implement it.
Best regards, Alejandra
--
Alejandra Reynoso Investigación & Desarrollo | Dominios .gt P: +502 23688565 E: alejandra.reynoso@cctld.gt 18 Ave. 11-42 Zona 15, V.H. III. Guatemala, Guatemala www.gt
On Thu, Aug 27, 2020 at 7:55 AM Pablo Rodriguez <pablo@nic.pr> wrote:
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
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
Los Angeles, California 90094-2536
direct dial - +1.310.301.5834
mobile - +1.310.404.6001
JJ@ICANN.org
_______________________________________________
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.
--
Jordan Carter Group Chief Executive, InternetNZ
+64-21-442-649 -|- jordan@InternetNZ.net.nz
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.
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.
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.
+1 Kind regards to all, Marie-Noémie De : Ccnso-council [mailto:ccnso-council-bounces@icann.org] De la part de Alejandra Reynoso Envoyé : jeudi 27 août 2020 21:18 À : Pablo Rodriguez <pablo@nic.pr> Cc : ccnso-council <ccnso-council@icann.org> Objet : Re: [ccnso-council] FW: [Ext] Request for advice - Board seat 12 election process Dear All I agree with Jordan and Nick that a clear process should be established to determine a conflict of interest in the future. A written guideline would certainly be the best way to implement it. Best regards, Alejandra -- [Photograph] Alejandra Reynoso Investigación & Desarrollo | Dominios .gt P: +502 23688565 E: alejandra.reynoso@cctld.gt<mailto:alejandra.reynoso@cctld.gt> 18 Ave. 11-42 Zona 15, V.H. III. Guatemala, Guatemala www.gt<http://www.gt/> On Thu, Aug 27, 2020 at 7:55 AM Pablo Rodriguez <pablo@nic.pr<mailto:pablo@nic.pr>> wrote: Dear Nick and all, I support your suggestions and thank you and Byron for stepping forward to help clarify this issue. Best regards, [https://drive.google.com/a/nic.pr/uc?id=1nFpUjuvTcUAF9A8iWoBwZZOwCmwBfpHA&ex...] 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<mailto: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<mailto: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<mailto: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...> Los Angeles, California <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> 90094<https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0ALos+Angeles,+California++90094?entry=gmail&source=g>-2536 direct dial - +1.310.301.5834 mobile - +1.310.404.6001 JJ@ICANN.org<mailto:JJ@ICANN.org> _______________________________________________ Ccnso-council mailing list Ccnso-council@icann.org<mailto: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. -- Jordan Carter Group Chief Executive, InternetNZ +64-21-442-649 -|- jordan@InternetNZ.net.nz<mailto:jordan@InternetNZ.net.nz> Sent on the run, apologies for brevity _______________________________________________ Ccnso-council mailing list Ccnso-council@icann.org<mailto: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. _______________________________________________ Ccnso-council mailing list Ccnso-council@icann.org<mailto: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. _________________________________________________________________________________________________________________________ Ce message et ses pieces jointes peuvent contenir des informations confidentielles ou privilegiees et ne doivent donc pas etre diffuses, exploites ou copies sans autorisation. Si vous avez recu ce message par erreur, veuillez le signaler a l'expediteur et le detruire ainsi que les pieces jointes. Les messages electroniques etant susceptibles d'alteration, Orange decline toute responsabilite si ce message a ete altere, deforme ou falsifie. Merci. This message and its attachments may contain confidential or privileged information that may be protected by law; they should not be distributed, used or copied without authorisation. 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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...>
Los Angeles, California <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> 90094 <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0ALos+Angeles,+California++90094?entry=gmail&source=g>-2536
direct dial - +1.310.301.5834
mobile - +1.310.404.6001
JJ@ICANN.org <mailto:JJ@ICANN.org>
_______________________________________________
Ccnso-council mailing list
Ccnso-council@icann.org <mailto:Ccnso-council@icann.org>
https://mm.icann.org/mailman/listinfo/ccnso-council <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 <https://www.icann.org/privacy/policy>) and the website Terms of Service (https://www.icann.org/privacy/tos <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.
--
Jordan Carter Group Chief Executive, InternetNZ
+64-21-442-649 -|- jordan@InternetNZ.net.nz <mailto:jordan@InternetNZ.net.nz>
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.
Hi all: I totally agree with Margarita's words I think vice chairs can and should continue working as always. Kindest Regards, Laura Margolis El vie., 4 sept. 2020 a las 20:09, Margarita Valdés Cortés (<mvaldes@nic.cl>) escribió:
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 Chilewww.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 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> <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> <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> 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...>
Los Angeles, California <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> 90094 <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> -2536
direct dial - +1.310.301.5834
mobile - +1.310.404.6001
JJ@ICANN.org
_______________________________________________
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.
--
Jordan Carter Group Chief Executive, InternetNZ
+64-21-442-649 -|- jordan@InternetNZ.net.nz
Sent on the run, apologies for brevity
_______________________________________________ Ccnso-council mailing listCcnso-council@icann.orghttps://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.
_______________________________________________ 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.
Hi I also agree with Margarita's opinion below. "...the right path is to continue working as we have always been doing" best demi On 07/09/2020 17:35, Laura Margolis wrote:
Hi all:
I totally agree with Margarita's words
I think vice chairs can and should continue working as always.
Kindest Regards,
Laura Margolis
El vie., 4 sept. 2020 a las 20:09, Margarita Valdés Cortés (<mvaldes@nic.cl <mailto:mvaldes@nic.cl>>) escribió:
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 <http://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 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> <mailto: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> <mailto: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...>
Los Angeles, California <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0AL...> 90094 <https://www.google.com/maps/search/12025+Waterfront+Drive,+Suite+300+%0D%0ALos+Angeles,+California++90094?entry=gmail&source=g>-2536
direct dial - +1.310.301.5834
mobile - +1.310.404.6001
JJ@ICANN.org <mailto:JJ@ICANN.org>
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--
Jordan Carter Group Chief Executive, InternetNZ
+64-21-442-649 -|- jordan@InternetNZ.net.nz <mailto:jordan@InternetNZ.net.nz>
Sent on the run, apologies for brevity
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participants (12)
-
Alejandra Reynoso -
Biyi Oladipo -
Byron Holland -
Demi Getschko -
Jordan Carter -
Laura Margolis -
Margarita Valdés -
Margarita Valdés Cortés
-
marienoemie.marques＠orange.com -
Nick Wenban-Smith -
Pablo Rodriguez -
Stephen Deerhake ＠ ASNIC