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

[Ayden Férdeline]

Thank you for highlighting this, Farzaneh.

Speaking as an NCUC member I am greatly concerned by this "position shopping." It does not serve us well to have the one person serving in so many leadership positions concurrently; and as I have said before, I think it shows a lack of integrity and poor judgement for someone to keep taking on more roles when they are not doing the work.

I would like to ask David, if he accepts this seat, to make a commitment not to use any NCUC travel resources during his term. We have precious limited resources within the NCUC and I would like to see these resources allocated to our members with no other ICANN-related commitments. If David has four leadership roles, he has ample opportunity elsewhere to fund his travel to ICANN meetings.

I think this is a most reasonable request.

In addition, I understand David is on the leadership team of the RDS PDP WG which, while currently dormant, may come back to life in the near future. This would be a fifth leadership position for David — in addition to being an NCSG alternate to the EPDP. David has only been on one of the 17 EPDP calls so far, and I note this intentionally: we need people to do the work and not just to collect titles.

I think it’s fair to say David is stretched pretty thin at the moment; but that doesn’t mean the NCUC can only have a part-time ExCom representative. We need someone representing us professionally and intelligently every day.

Thank you.

Kind regards,

Ayden Férdeline

On Wed, Oct 10, 2018 at 00:43, farzaneh badii <farzaneh.badii at gmail.com> wrote:

> 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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