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

[Wisdom Donkor]

Dear Farzaneh,
Many thanks for bringing up. I do agree with you 100% on all of the
concerns raised.
Though i did remember you raise the red flags, members ignored it because
there wasn't any guidelines prior to the nominations, acceptance of the
nominations  and during the voting period.

As a mater of principles and fairness, lets look at the bylaws and apply
it. If the bylaw doesn't allow for him to hold multiple position, let ask
him to denounce all his previous position to that of the current NCUC
position or have it terminated.

We need to be very clear with our guidelines.


*WISDOM DONKOR (S/N Eng.)*
President & CEO
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Kwasi wisdom
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On Tue, Oct 9, 2018 at 10:43 PM 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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>
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