[NCUC-DISCUSS] important information

Carlos Raúl Gutiérrez G. crg at isoc-cr.org
Fri Aug 12 15:45:06 CEST 2016 

+1 Seun
I look forward to the OMBUDSMAN´s analysis.

Carlos Raúl Gutiérrez
+506 8837 7176
Skype: carlos.raulg
Current UTC offset: -6.00 (Costa Rica)
On 12 Aug 2016, at 7:41, Seun Ojedeji wrote:

> 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
>>
>>
>> ______________________________ _________________
>> Ncuc-discuss mailing list
>> Ncuc-discuss at lists.ncuc.org
>> http://lists.ncuc.org/cgi-bin/ mailman/listinfo/ncuc-discuss
>> <http://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss>
>>
>>
>>
>> ______________________________ _________________
>> Ncuc-discuss mailing list
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>> http://lists.ncuc.org/cgi-bin/ mailman/listinfo/ncuc-discuss
>> <http://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss>
>>
>>
>>
>>
>>
>> --
>> Farzaneh
>>
>> ______________________________ _________________
>> Ncuc-discuss mailing list
>> Ncuc-discuss at lists.ncuc.org
>> http://lists.ncuc.org/cgi-bin/ mailman/listinfo/ncuc-discuss
>> <http://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss>
>>
>>
>>
>>
>>
>> --
>> Farzaneh
>>
>> ______________________________ _________________
>> Ncuc-discuss mailing list
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>> http://lists.ncuc.org/cgi-bin/ mailman/listinfo/ncuc-discuss
>> <http://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss>
>>
>>
>>
>>
>>
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>>
>
>
> -- 
> ------------------------------------------------------------------------
>
>
>
>
>
> *Seun Ojedeji,Federal University Oye-Ekitiweb:      
> http://www.fuoye.edu.ng
> <http://www.fuoye.edu.ng> Mobile: +2348035233535**alt email:
> <http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
> <seun.ojedeji at fuoye.edu.ng>*
>
> Bringing another down does not take you up - think about your action!
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