[NCUC-DISCUSS] important information

Thu Aug 11 03:04:12 CEST 2016

I agree with Avri on this. And to add to this, can the EC please forward, per the Article XI of the by laws, all the emails/notices sent to Peter and the communications made on the subject. Also, if any meeting done in this regard, sharing of minutes etc would be appreciated. 
Sincerely, 

      From: avri doria <avri at apc.org>
 To: ncuc-discuss at lists.ncuc.org 
 Sent: Monday, August 8, 2016 5:27 PM
 Subject: Re: [NCUC-DISCUSS] important information

Hi,

Before we judge someone, I am curious about the due process issues.

Was the accused afforded an opportunity to make his case? 

Did he know there was going to be a meeting to discuss removing him from
office?

And I am urious, under what provision of the NCUC 'charter' was this
secret meeting held and this action taken?

thanks

avri

On 08-Aug-16 08:16, Carlos Raúl Gutiérrez G. wrote:
> Thank you very much Rafik!
>
> incredible (un)ethical (double)standards indeed for a member of the EC.
>
> Carlos Raúl Gutiérrez
> +506 8837 7176
> Skype: carlos.raulg
> Current UTC offset: -6.00 (Costa Rica)
> On 7 Aug 2016, at 21:45, Rafik Dammak 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/t20150924_281168.html
>> and from records of the registry constituency working group such as this
>> 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
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