[NCUC-DISCUSS] David and his many positions at NCUC/NCSG/NPOC

[farzaneh badii]

NCUC Executive Committee, NCUC members,

As you know I raised my concerns about Dave's various positions at
NCSG/NPOC and NCUC and really did not expect him to consider all that and
still run. Also it's not bad practice to give space to someone newer
because frankly, NCUC EC is not really at a stage that needs too much
experience (it's not drafting bylaws)  but is in need of hard work and
energy. I am surprised and very disappointed that some of the veterans even
supported Dave's nomination. And the nomination came from someone who had
nominated Dave repeatedly for the past elections with no verifiable or
minimal activities at NCUC/NCSG.  Anyhow, Dave has been elected but please
note the following and consider if you want to take any of the actions in
the future. I am at the end of NCSG chair term which will happen at the end
of AGM but I think if NCUC/NPOC/NCSG want to have a discussion about
position shopping at constituency and stakeholder group level, they should
be able to do so.


***


There is nothing in the two Constituencies’ or the NCSG’s Charters that
speak to this situation at all. Similarly, the overall GNSO Operating
Procedures are silent on the matter (as are the ICANN Bylaws). What the two
Constituencies’ Charters do seem to contemplate, however, is the need to
avoid actual or potential conflicts of interest, e.g.: *“The standards for
performing the duties of NCUC leadership positions include impartiality,
accountability, and avoidance of conflicts of interest”* (from the NCUC
Charter) and *“The standards for leadership positions including
impartiality, accountability, and avoidance (or disclosure and members’
consent) of potential conflicts of interest” *(from the NPOC Charter, which
goes on to provide that *“All officers have a duty to perform their roles
with diligence and loyalty to the NPOC, and …  shall promptly notify the
EC, and Constituency Members, of any potential conflict of interest that
may arise during their term”)*.



Additionally, as Chair of NPOC’s Policy Committee (PC), David is
automatically a member also of the NPOC Executive Committee (as specified
in the NPOC Charter) and also a member of the NCSG PC (this latter
appointment is not documented in the NPOC Charter but  apparently this has
been the established practice within NPOC for some time). Therefore, *Dave
will actually hold four leadership positions across both constituencies as
well as at the SG level – NPOC ExCom, NPOC PC, NCUC ExCom and NCSG PC*.



The  NCUC ExCom and membership *may *want to consider the following:



   - Whether to request that David provide a written statement clarifying
   that, to the best of his knowledge and belief, there are no conflicts of
   interest for him to hold these positions at this time;
   - Whether to request that David agree that, should any potential
   conflict arise during his term on any of these committees, he should
   immediately declare them to the NCUC, NPOC and NCSG chairs;
   - What actions may be available to the NCUC, NPOC and NCSG leadership
   should that declaration actually be made;
   - Whether it may be possible to ask David not to run for any other
   appointments or positions that may need to be made during this term (e.g.
   PIR rep, NCSG PC rep from NCUC, etc.);
   - Whether travel funding – if available via any of these positions – can
   and should be reallocated to other members; and
   - Whether new provisions need to be put into place before the next term
   if this situation is considered sufficiently problematic by NCUC, NPOC
   and/or NCSG.


Thanks

Farzaneh
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