RE: [council] Point for Discussion

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

That might be okay.  But what happens if you are unavailable; wouldn't a
communication from an RC officer be useful.

Chuck Gomes
 
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> -----Original Message-----
> From: owner-council@xxxxxxxxxxxxxx 
> [mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Ross Rader
> Sent: Friday, July 13, 2007 3:39 PM
> To: Mike Rodenbaugh
> Cc: GNSO Council
> Subject: Re: [council] Point for Discussion
> 
> Except I don't agree that that consultation with the 
> constituency is required or necessary. I would prefer that 
> dealing with these details be left to each constituency to 
> sort out. For instance, I'm required to represent the 
> interests and positions of my constituency, and subject to 
> recall provisions when the membership feels that I don't. 
> This extends to all of my formal council activities, 
> including my (former) use of proxies. I don't know if some 
> form of check or double-check is important if we instead rely 
> on constituency self-determination to manage their council 
> rep relationships.
> 
> Mike Rodenbaugh wrote:
> > 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
> > 
> > Mike Rodenbaugh
> > 
> > Sr. Legal Director
> > 
> > Yahoo! Inc.
> > 
> >  
> > 
> > NOTE:  This message may be protected by attorney-client and/or work 
> > product privileges, if you are not the intended recipient 
> then please 
> > delete this message and all attachments and notify me as soon as 
> > possible.  Thanks.
> > 
> > -----Original Message-----
> > 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.
> > 
> > Chuck Gomes
> >  
> > "This message is intended for the use of the individual or 
> entity to 
> > which it is addressed, and may contain information that is 
> privileged, 
> > confidential and exempt from disclosure under applicable law. Any 
> > unauthorized use, distribution, or disclosure is strictly 
> prohibited. 
> > If you have received this message in error, please notify sender 
> > immediately and destroy/delete the original transmission."
> >  
> > 
> >> -----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.
> >>
> >> thanks
> >>
> >> a.
> >>
> >>
> >>
> > 
> > 
> > 
> > 
> 
> 
> --
> Regards,
> 
> Ross Rader
> Director, Retail Services
> Tucows Inc.
> 
> http://www.domaindirect.com
> t. 416.538.5492
>