Re: [ga] Follow-up re: Approval of Ombudsman (Framework)

["Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>]

Ed and all,

  Although you and I have had our differences, it is indeed sad
and very much less than reasonable that you have been treated
in such a poor and IMHO improperly discrediting way by ICANN
and especially their Deputy General Counsel, Amy Stathos.  If at
some point you choose to take legal action such as defamination
action in respect to Ms. Stathos, please don't hesitate to contact me
for possible witness purposes.

  Frankly it is my belief and preference that Ms. Stathos should be fired
for making such public remarks.  My guess is though that is not going to
happen however...  But as  you know, there is more than one way to
skin that cat, so to speek...

  BTW, it looks like now that your original comments of the omblog
have been restored.

Edward Hasbrouck wrote:

> The person claiming to act as Ombudsman has posted comments on my previous
> message in his blog:
>
> https://omblog.icann.org/?p=105
>
> I posted a comment "Ombudsman blog", but it was deleted less than an hour
> later. So I'm re-posting it here (and at ICANNwatch.org):
>
> Mr. Fowlie:
>
> You say that, â??The Ombuds Blog has the information concerning the Board of
> Directors meeting item correctly, while Mr. Hasbrouck does not.â?? I
> accurately quoted from the page on the ICANN web site to which I linked,
> as it read at the time of my post. That page was updated on 24 February
> 2009, after my article was published, to change the agenda item from
> â??Approval of Ombudsmanâ?? (as I had quoted) to â??Approval of Ombudsman
> Frameworkâ??. As of today, the original lannguage I quoted, â??Approval of
> Ombudsmanâ??, remains on another page on the ICANN Web site at:
>
> http://mex.icann.org/node/2689
>
> I stand by my story. It was based, as it clearly stated, on what was
> posted on ICANNâ??s Web site, which I reported accurately.
>
> You say that, â??The Ombudsman was appointed on November 1, 2004, with the
> appointment consistent with ICANNâ??s Bylaw V.â?? That is not correct. That
> Bylaw requires that, â??The Ombudsman shall be appointed by the Board for an
> initial term of two years, subject to renewal by the Board.â?? No notice or
> minutes of any Board meeting on 1 November 2004 have been posted. So
> whatever happened on that day, it didnâ??t constitute appointment of an
> Ombudsman in accordance with the Bylaws. And any appointment would have
> been for 2 years, unless renewed by the Board, and would have expired
> unless renewed. There is no record of any such renewal by the Board.
>
> Your failure to notice that your appointment as Ombudsman would require
> Board action, both initially and for renewal after 2 years, reflects
> poorly on your fitness for the position. Obviously, that would be a factor
> to be considered were you now to be proposed for appointment as Ombudsman.
>
> The portion of the transcript that you reproduce makes explicit that you
> communicated with the Reconsideration Committee about a request I had made
> for reconsideration, and about what you describe as â??MR. HASBROUCKâ??S
> APPLICATION FOR INDEPENDENT REVIEW THAT HAD NOT YET BEEN FILED, WHICH WAS
> BEING DISTRIBUTED AND WAS BASICALLY ON THE SAME GROUNDSâ??. (As I have
> written previously, I donâ??t know what is meant by the latter reference,
> since at no time before I filed it was my request for independent review
> â??being distributedâ?? to you or anyone else, to the best of my knowledge and
> belief.)
>
> Your communications with the Reconsideration Committee about my request
> for your assistance (on a separate matter than the subject of my request
> for reconsideration) were in violation of your obligation to me of
> confidentiality. This is your obligation under the Bylaws, under the
> Ombudsman Framework, and under the principles of professional ethics to
> which you claim to subscribe. I hereby request that you refer me to any
> professional ethics oversight bodies to which you subscribe, for
> investigation of this complaint that you have violated your obligation of
> confidentiality, and imposition of sanctions, or that you refer this
> matter directly to them, in accordance with their procedures for such
> complaints, with a request that they contact me.
>
> Whatever was contained in your communications with the Reconsideration
> Committee, they were not, are not, and cannot be (without further
> violations of confidentiality and the Bylaws) placed in the public record.
> By basing its decisions on those communications, the Reconsideration
> Committee violated its obligation under the Bylaws: â??The Reconsideration
> Committee shall act on a Reconsideration Request on the basis of the
> public written record.â??
>
> I do not know why you chose to breach the confidentiality of our
> communications, to intervene in the proceedings of the Reconsideration
> Committee, or to engage in communications with them which you knew, or
> reasonably should have known, could not be used as any part of the basis
> for their decision.
>
> These, too, would be factors to be considered were you now to be proposed
> for appointment as Ombudsman.
>
> Sincerely,
>
> Edward Hasbrouck
> http://hasbrouck.org/icann
>
> ----------------
> Edward Hasbrouck
> <edward@xxxxxxxxxxxxx>
> <http://hasbrouck.org>
> +1-415-824-0214

Regards,

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