RE: [council] Point for Discussion
I agree with Ross and Chuck on this point:
constituency should not be penalized because [a Councilor] has a
conflict of interest, as long as there is simple confirmation from an
officer of his constituency that they have taken a specific position
Sr. Legal Director
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From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx]
On Behalf Of Gomes, Chuck
Sent: Friday, July 13, 2007 11:23 AM
To: Avri Doria; GNSO Council
Subject: RE: [council] Point for Discussion
I seriously wonder whether the writers of the Bylaws intended that a
Council representative could vote however he/she pleased regardless of a
constituency position, so it seems to me that this should be fixed in
the Bylaws. I agree with Ross that his constituency should not be
penalized because he has a conflict of interest as long as their simple
confirmation from an officer of his constituency that they have taken a
specific position. The intent of my original suggestion was to deal
with situations like this.
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> -----Original Message-----
> From: owner-council@xxxxxxxxxxxxxx
> [mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Avri Doria
> Sent: Friday, July 13, 2007 1:19 PM
> To: GNSO Council
> Subject: Re: [council] Point for Discussion
> On 13 jul 2007, at 12.47, Ross Rader wrote:
> > Avri Doria wrote:
> >> I also favor an approach that includes a prohibition
> against using a
> >> proxy mechanism to avoid a required abstention based on a
> conflict of
> >> interest.
> > Why?
> On the basis of a basic fairness issue.
> My expectation is that everyone may at some point face a vote
> on which they have a conflict that would force an abstention.
> In the event that someone is a nomcom appointee or from a
> constituency that does not use a constituency discipline
> method of internal organization, it makes sense that they
> would not be allowed to use the proxy to avoid the need to
> abstain. So, for me it follows from a general
> non-prejudicial principle that, as I indicated, no
> constituency be given an advantage based on their
> organizational practice or methodology.
> > My interests and those of my constituency can be different. For
> > instance, I have conflicts related to my employment with
> Tucows that
> > other councillors may not share. Why should that prevent
> the registrar
> > constituency from casting one of its ballots through proxy?
> I guess the actual question is who do the ballots belong to?
> I read the following by-laws as relevant:
> x.3.1 the GNSO Council shall consist of three representatives
> selected by each of the Constituencies described in Section 5
> of this Article, and three persons selected by the ICANN
> Nominating Committee.
> X.3.8(b) all members are provided the means of fully
> participating in all matters before the GNSO Council, and (c)
> ICANN adopts and implements means of verifying that (x) a
> person participating in such a meeting is a member of the
> GNSO Council or other person entitled to participate in the
> meeting and (y) all actions of, or votes by, the GNSO Council
> are taken or cast only by the members of the GNSO Council and
> not persons who are not members.
> X.5.2. The number of votes that members of the GNSO Council
> may cast shall be equalized so that the aggregate number of
> votes of representatives selected by the Constituencies
> (currently the gTLD Registries and Registrars) that are under
> contract with ICANN obligating them to implement
> ICANN-adopted policies is equal to the number of votes of
> representatives selected by other Constituencies.
> I read this as stating that:
> - a constituency can pick 3 members of council
> - those council members, and only those council members
> have a right to vote.
> - the RyC and RC council members each have 2 votes
> My reading indicates that while the constituency picks the
> members, it is the members who have the vote and not the
> constituencies. I believe it is totally acceptable practice
> for a constituency to place requirements on how its
> representatives vote, but I do not see that as meaning that
> they, therefore, control the votes in council, though they do
> control the seating of the councilor.
> > As a general rule, I'd really prefer if we adopted a very
> simple set
> > of rules governing the use of proxy's, and would strongly
> prefer if we
> > just implemented the old rules as starting point that we
> could adjust
> > over time. I don't see a need to overthink or overengineer
> this simply
> > to take into account "what-if's" that have never come into
> play during
> > the history of the DNSO/GNSO.
> I agree with the general rule of making the simplest possible
> change. However, in this case, I think we would need a much
> larger change to the by-laws to accommodate your suggestion,
> which of course we can discuss doing. Additonally since the
> concern about the possibility of use of proxy to get around
> the abstention requirement has been brought up in regard to
> proxy voting, I believe we have to consider that in any
> proposed changes to the by-laws.