[NCUC-DISCUSS] 答复: important information

Fri Aug 12 15:41:09 CEST 2016

If what Peter writes here is a fact then i strongly suggest that EC
rethinks their approach of engaging. I encourage the Chair to subsequently
take further discussion about this off-list and communicate final decision
of the EC to the public.

Regards
On Fri, Aug 12, 2016 at 2:02 PM, Peter Green <seekcommunications at hotmail.com
> wrote:

> Dear All,
>
> Sorry for responding late.  I have been kept away from any work for a few
> days due to my family affairs in far hometown.
> I was shocked by the wave of this public discussion here.
> Before I went home, I did acknowledge receipt of a Letter from the EC,
> which came as a complete shock.
> I did not know any investigation by the EC until I received the letter.
> What made me feel misery is that the letter does not include any word or
> any timeline to ask me to respond and  I do not know what to do, since the
> letter only asks me to resign.
>
> To be clear, I do not think I broke the rules regarding the eligibility
> of NCUC individual membership under current NCUC Bylaws.
> I do not accept any alleged claim that I broke it.
>
> Now that there have been such huge divergent views on this among many my
> respected NCUC veterans Milton, Bill, Kathy, Avri etc.
> I would not waste your time here. I ask for the ICANN Ombudsman to look
> into this. Let the Ombudsman judge.  I will take no further action until
> then.
>
> Thank you all.
>
> Best Regards
> Peter Green
>
>
> ------------------------------
> *发件人:* Ncuc-discuss <ncuc-discuss-bounces at lists.ncuc.org> 代表 Zakir Syed
> via Ncuc-discuss <ncuc-discuss at lists.ncuc.org>
> *发送时间:* 2016年8月12日 6:51
> *收件人:* Rao Naveed Bin Rais; farzaneh badii
> *抄送:* ncuc-discuss at lists.ncuc.org
> *主题:* Re: [NCUC-DISCUSS] important information
>
> Thanks Naveed, thats a good point but IMHO, the focus here is not this
> particular case or any decisions that is made or going to be made. I
> believe our focus here is (as Stefania said) a much-needed assessment of
> our rules and our role.
>
> Best,
>
> ------------------------------
> *From:* Rao Naveed Bin Rais <naveedbinrais at gmail.com>
> *To:* farzaneh badii <farzaneh.badii at gmail.com>
> *Cc:* Zakir Syed <zakirbinrehman at yahoo.com>; "ncuc-discuss at lists.ncuc.org"
> <ncuc-discuss at lists.ncuc.org>
> *Sent:* Thursday, August 11, 2016 11:14 PM
> *Subject:* Re: [NCUC-DISCUSS] important information
>
> I fully agree with the arguments made by Farzaneh.
>
> However, I just wonder if the violation was made recently or is it an old
> matter. As far as I remember, Peter has been serving the EC representing
> the AP region for around 3 years and anyways is not eligible to contest for
> the next elections on the EC seat.
>
> Naveed -
>
> On Thu, Aug 11, 2016 at 9:36 PM, farzaneh badii <farzaneh.badii at gmail.com>
> wrote:
>
> Hello Zakir,
>
> Initially, we sent a private message to Peter to resign. Why? Because we
> did not want Peter to be under public scrutiny. We had to make our email
> public because unfortunately we did not receive a response from Peter
> challenging us or resigning but we found out that other people have been
> informed. We did not want some of our members to know about the issue while
> others didn't hence had to announce it.
>
>
> We are the executive committee elected by the constituency  (not
> appointed) and we have to to make decisions. As to the procedural matters,
> first I have to say I stand up for the principles of procedural justice and
> have spent a long time working on them. But in this case, our members are
> voicing concerns about   procedural matters which are very important in
> many situations but in our situation, these procedural matters should be
> considered in light of the nature of our functioning and work. I have
> several remarks on this.
>
> We are not an adversarial body, we are an executive committee. While we
> have to observe the principles of procedural justice we can decide how we
> approach issues and make decisions and of course provide plausible
> rationales for those decisions. Not all procedural justice principles (I am
> adamant not to use due process, I think it's the wrong usage) apply to
> every situation. For example in the beginning, transparency would not have
> been in favor of Peter. But we had to make the matter public because Peter
> did not directly communicate with us.
>
>
> In the beginning, EC decided not to make the matter public(because of the
> reason I said above), communication took place between EC members
> (respected his privacy and maintained confidentiality), told Peter the
> basis of EC decision, one of the pillars of justice is to give reason for
> the decision , and requested him to resign from EC (which is pragmatic
> justice, clear instructions on what we wanted him to do).  Please note that
> nothing is final at this stage.
>
> You should also know that this issue was raised over a year ago when some
> of us were not on the Executive Committee and Peter was warned about this.
> We did not make a hasty decision.
>
> What I have also been hearing is whether Peter had the chance to provide
> evidence or defend himself. The decision to ask *Peter to resign from EC *(note
> that he was asked to resign from EC not NCUC) has been made primarily
> based on one fact that cannot be challenged nor defended: Peter is a
> full-time employee of a registry. Based on our interpretation of the bylaws
> and considering other matters such as the integrity of our constituency we
> decided that Peter should *resign from EC. *
>
> Some may dispute our decision and  might disagree that the fact that Peter
> works for a registry and is in a leadership role at NCUC do not hamper our
> integrity. I think it is necessary for us to discuss things with our
> members and inform them of the decisions which I have tried to actively do
> and we need to listen to our members and members should be able to
> challenge us. However, in the end, EC has to make a decision. At the moment
> the mechanism to challenge and hold the EC accountable as Milton said is
> through elections. If the majority of members are concerned with the way EC
> makes decisions then they can vote against them. If it gets to the point
> that members do not see elections as a sufficient tool or optimal, some
> other measures maybe considered.
>
> EC should and we try our best to take fair decisions.
>
> The next step for us (EC) is to have a meeting with Peter. This meeting
> will be transcribed and notes will be taken.
>
> Best
>
> Farzaneh
>
>
>
>
>
>
>
>
>
>
>
>
> On 11 August 2016 at 02:31, Zakir Syed <zakirbinrehman at yahoo.com> wrote:
>
> 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 this
> http://www.chinagov.cn/english /News/CONACNews/201509/t201509
> 24_281168.html
> <http://www.chinagov.cn/english/News/CONACNews/201509/t20150924_281168.html>
> and from records of the registry constituency working group such as this https://community.icann.org/di
> splay/S1SF/Drafting+Team
> <https://community.icann.org/display/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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>
>
>
> --
> Farzaneh
>
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>
>
>
>
> --
> Farzaneh
>
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Bringing another down does not take you up - think about your action!
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