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Re: [ga] ICANN Ignores the Ombudsman

  • To: Edward Hasbrouck <edward@xxxxxxxxxxxxx>, ga@xxxxxxxxxxxxxx
  • Subject: Re: [ga] ICANN Ignores the Ombudsman
  • From: Hugh Dierker <hdierker2204@xxxxxxxxx>
  • Date: Thu, 24 May 2007 13:58:46 -0700 (PDT)
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  • In-reply-to: <4655875E.13528.627F059@edward.hasbrouck.org>
  • Sender: owner-ga@xxxxxxxxxxxxxx
How pathetic and sad.
   
  Eric

Edward Hasbrouck <edward@xxxxxxxxxxxxx> wrote:
  On 24 May 2007 at 12:04, "Danny Younger" > wrote:

> Subject: [ga] ICANN Ignores the Ombudsman

Keep in mind that the person caliming to act as ICANN Ombudsman has never 
been properly appointed, as I have previously called to ICANN's attention:

http://forum.icann.org/lists/transparency-2007/msg00003.html

ICANN's Bylaws require that, "The Ombudsman shall be appointed by the 
Board for an initial term of two years, subject to renewal by the Board."

ICANN announced in November 2004 that an Ombudsman had been appointed. But 
there is no record in the publicly-disclosed minutes of meetings of the 
Board of Directors that such an appointment was ever made by the Board. 
And more than two years have passed, with no record of any decision to 
renew any such appointment. 

Since most Board meetings are secret, and some minutes have never been 
published, it's impossible for the public to tell if the Board secretly 
appointed and/or renewed the apointment of an Ombudsman (in violation of 
the transparency Bylaw), or if an Ombudsman was appointed by some entity 
other than the Board (in violation of the Ombudsman Bylaw). But it's clear 
from even cursory comparison of the Bylaws with ICANN's public records 
that the person acting as Ombudsman has not been properly appointed, and 
that one or the other Bylaw has been violated.

The person acting as Ombudsman has committed such grave breaches of 
professional ethics and the Bylaws that they would clearly be unfit for 
the position, even if they were now proposed for appointment by the Board. 
In my case, the person acting as Ombudsman intervened -- successfully -- 
to block my access to the reconsideration process on a different issue, 
even though he knew or reasonably should have known that it would be a 
violation of ICANN's Bylaws for his opinions to be used as a basis for 
that action by the Reconsideration Committee:

http://hasbrouck.org/blog/archives/001196.html


----------------
Edward Hasbrouck


+1-415-824-0214




       
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