[ncdnhc-discuss] Re: Re[2]: PROPOSED RESOLUTION #2: NEUTRALITY OF STAFF AND COUN...

[James S. Tyre]

Without suggesting that either of you is right or wrong - I haven't been 
following this thread from the beginning- ICANN *does* have a COI policy 
applicable to staff (though not outside counsel), not just directors and 
officers.

See pp. 10-12 of this PDF file, produced to Karl Auerbach only after he won 
his lawsuit against ICANN (I'm one of Karl's attorneys):
http://www.icann.org/legal/auerbach-v-icann/icann-employment-policies-02aug02.pdf

At 08:23 PM 10/14/2002 -0400, KathrynKL at aol.com wrote:
>I am happy to explain.  The ICANN Conflicts of Interest Policy includes 
>definitions of "Interested Director," "Interested Officer," and 
>"Interested Person."   However, the rest of the policy goes on to set 
>duties to disclose and abstain, procedures regarding conflicts, and 
>committee review *only for directors and officers.*
>
>There are no duties, no procedures, and no standards for senior policy and 
>staff.  So there is no policy prescribed for them (do a search on 
>"interested person" across the policy document you cited).
>
>It is a really huge hole -- and one Resolution 2 seeks to close.   Senior 
>staff and counsel are a critical part of the ICANN recommendation and 
>report process and they should be neutral, or at least not have a direct 
>or indirect interest in the outcome. regards, kathy
>
><< DCrocker wrote below:
>
>>     <http://www.icann.org/committees/coi/coi-policy-04mar99.htm>.
>>
>>For example:
>>
>>2.6 Interested Person. "Interested Person" shall mean either:
>>
>>    (a) Any person currently being compensated by the Corporation for
>>    services rendered to it within the previous 12 months, whether as a
>>    full- or part-time employee, independent contractor, or otherwise, or
>>
>>    (b) Any person whose family member, as defined in Section 2.2, is
>>    currently being compensated by the Corporation for services rendered to
>>    it within the previous 12 months, whether as a full- or part-time
>>    employee, independent contractor, or otherwise.
>
>
> >>



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James S. Tyre                               mailto:jstyre at jstyre.com
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