[NCUC-DISCUSS] important information

Thu Aug 11 17:10:49 CEST 2016

Dear Zakir,

We did not have a meeting. We discussed the matter in a couple of email
exchanges that said the rationale why Peter should step down from EC,
 which was also reflected in the letter we sent to Peter which we have
shared with the constituency . Now that the issue is public, when we have
any meeting with this regard or any correspondence, it will be archived,
recorded and transcribed.

Best

Farzaneh

On 11 August 2016 at 03:04, Zakir Syed via Ncuc-discuss <
ncuc-discuss at lists.ncuc.org> wrote:

> 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
> > _______________________________________________
> > Ncuc-discuss mailing list
> > Ncuc-discuss at lists.ncuc.org
> > http://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss
>
>
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-- 
Farzaneh
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