[NCUC-DISCUSS] important information

Thu Aug 11 02:31:54 CEST 2016

Dear Farzaneh, Thanks for that info. 
Was wondering, why not to wait for a response from Peter first. 
Just if Peter resigns (he has not - as you said) the Article VII will do. But if, there is a response/explanation from Peter and no resignation, I don't think the Article VII will do. I could be wrong though. Also, what is going to be the tool for taking the "next steps". I mean, do we have anything for such a scenario in the bylaws? If not, what happens.

Best, 
Zakir

      From: farzaneh badii <farzaneh.badii at gmail.com>
 To: KASWESHA <kaswesha at gmail.com> 
Cc: "ncuc-discuss at lists.ncuc.org" <ncuc-discuss at lists.ncuc.org>
 Sent: Monday, August 8, 2016 3:52 PM
 Subject: Re: [NCUC-DISCUSS] important information

Dear Kaswesha,
Let me clarify that we have requested Peter to resign from NCUC EC but Peter has not resigned yet, so we are yet to take the next steps. 
NCUC Bylaws have predicted processes in case of a member leaves office (Article VII) .According to Article VII(section E), as we have less than 6 months to the EC elections, no early elections are needed and the chair may appoint a temporary replacement. 
Best
Farzaneh 
On 8 August 2016 at 12:05, KASWESHA <kaswesha at gmail.com> wrote:

Noted Rafik. Does this mean we have a by-election to replace Peter? Or How does work?

James Njoroge

Cell-Phone +254 722 212171 or +254 721 274273

Before printing this mail make sure it is completely necessary. THE ENVIRONMENT IS EVERY ONE'S BUSINESS.

On Mon, Aug 8, 2016 at 6:45 AM, Rafik Dammak <rafik.dammak at gmail.com> wrote:

Dear members:
I am sharing with you an important and extraordinary announcement. Last week the NCUC EC agreed to ask one of its members, Peter Green, to resign. It was not an easy act or one that we took lightly, and we had to think about it for some time. Our action was necessary because of an undeclared conflict of interest and a clash with our membership eligibility rules.
Peter is an employee of CONAC, a TLD registry associated with the government of China. As a CONAC employee, he is an active member of and participant in the Registry Stakeholder Group. It has been a longstanding principle of NCUC membership eligibility rules that people or organizations that are members of another SG or constituency in the GNSO cannot also be members of NCUC (bylaws III.3). This is done to prevent other interest groups from attempting to control or unduly shape our Constituency, which is devoted to noncommercial user interests.
Peter has been actively working on behalf of the Registry SG for some time, even as he has been serving on our Executive Committee. This is evident from articles such as thishttp://www.chinagov.cn/english /News/CONACNews/201509/t201509 24_281168.html and from records of the registry constituency working group such as this https://community.icann.org/di splay/S1SF/Drafting+Team We note with concern that Peter's Conflict of Interest statement when running for election to the NCUC EC failed to mention his employment at CONAC. 
I wanted you to be aware of this issue and to understand the basis for our actions.
Best Regards,
Rafik Dammak
---------- Forwarded message ----------

 Dear Peter (Zuan Zhang): For some time we (the undersigned representatives of the Executive Committee) have received complaints or expressions of concern about your eligibility for membership in the Noncommercial Stakeholders Group. The EC has investigated this matter and has come to the conclusion that you are ineligible for NCSG membership and thus must resign from the NCUC Executive Committee immediately. We want to make it clear that this is not caused by any misconduct on your part; it is purely a matter of applying our eligibility rules. Your contribution to our EC has been exemplary, but we cannot continue to contradict our membership rules. This would open the door to many other ineligible members and possible abuses. We hope you can accept this decision in a good spirit. Section 2.2.2 of the NCSG charter specifically excludes from membership "Organizations that are represented in ICANN through another Supporting Organization." Section 2.2.5 of the NCSG charter makes it clear that individuals are eligible only if they are "not represented in ICANN through membership in another Supporting Organization or GNSO Stakeholder Group."As an employee of CONAC, you are a member of the Registry stakeholder group and have played an active role representing CONAC in the Registry Stakeholder Group (RSG). CONAC is a domain name registry, which has its own Stakeholder Group, where your affiliation with CONAC as an employee is persistent and strong. We understand that before CONAC was a TLD registry, its employees were admitted into NCSG because there was no other place for them to be represented and there was less of a conflict of interest. But that time has passed; CONAC is now a full-fledged TLD registry operator and its policy interests are represented in the RSG.We thank you for your prior participation in our group and encourage you to stay involved in the GNSO via the Registry Stakeholder Group.Farzaneh Badii
Caribe Joao Carlos 
Rafik Dammak
Grace Githaiga 
Milton Mueller 

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