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

[Remmy Nweke]

Thanks Farzaneh for maintaining a consistent position on this, which I had
supported like Ayden did for the sake of good governance and not for the
sake of an individual or outcome of the last election as being claimed in
some quarters.

I am responding now because I wanted to ensure my 10/10 is a restful
birthday.

Definitely, allowing oneself to be dragged into that election as it were by
Dave, after all entreaties to take a firm stand and sustain in building
NCSG largely was not helpful prior to the election.

I had in recent past noted the lack of Charter awareness, but it seems to
be getting clearer now that we need a second look.

However, it is VIP we draw a line here, one thing is to be elected, another
is to actually exercise the responsibilities therein without any autom of
conflict (emphasis is mine and I am using it in all sense of it with hope
we all understand that literally) and at the same time keeping our heads
up, is what I think you (Farzaneh) has maintained in this instance, which
mostly centres on good governance.

Frankly speaking there is no magic in holding two elective positions or
more within a given stakeholder group whose branch or constituencies should
be complimentary, it does not offer room for transparency, accountability
and even good judgement no matter how passionate or skillful an individual
may be, let alone add to the growth of NCSG as a united family.

Therefore, I will say there is a loophole in our Charters, across the NCSG,
NPOC and NCUC and may be now that NPOC is improving on its charter, there
should be an insertion/clause that anyone holding elective position, not
appointment, thus serving in its ExCom should not seek another elective
position within NCSG, without serving out his/her current position or
resigning thereof before campaign or accepting nomination of any other
Constituency elective position(s) within NCSG.

I also implore both NCUC and NCSG  to as matter of urgency amend its
Charters promptly in accordance with this proviso to correct this
abnormally or vacuum among other relevant sessions that needed to be
updated/upgraded as we journey along.

Current Charter of NCSG is over 7 years, which is a long time in the life
of an organisation and therefore I will suggest we have a clause to amend
NCSG, NCUC and NPOC when the respective Charters must be reviewed to be not
earlier than five (5) years max.

Also, may be its high time we establish adhoc Nomination Committee to help
NCSG EC in addressing issues of nomination and elections before hand

At this point, I will like to congratulate Dave on his election, as I wish
him well, I do no expect magics but I am sure, you need no lecture on how
demanding if not over-demanding at times community work is and multitasking
at this age will be over-stressing one thin IMO, and we want a stress-free
Dave to be always there for us all to tap from his wealth of experiences.

*So, I will and hereby request and move a motion for a review of NCSG
Charter according to Section 2.3.3 and 5.0 Amendments to the NCSG Charter;
to correct these and other anomalies anyone may have in recent past as far
as entrenching good governance is concerned.*

I so moved. Thank you.
____
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On Tue, Oct 9, 2018 at 11:43 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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> Ncuc-discuss at lists.ncuc.org
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>
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