[NCUC-EC] [Ext] Re: FW: 10-minute REMINDER: Agenda for EC - Meeting | 13 December at 11:00 UTC

Wed Dec 15 22:49:14 CET 2021

Here are my thoughts since I led the re-drafting of NCUC bylaws and the
operational procedures and am aware of the issue.

Basically the issue is that if an individual who gets involved in some ways
with commercial domain name activities  and doesn't hold a leadership
position in any other constituency can be a representative on NCUC EC.

You need to read three documents in order to be able to decide:
NCUC Bylaws:
https://www.ncuc.org/wp-content/uploads/2018/05/Bylaws-of-the-Noncommercial-Users-Constituency-20171.pdf
NCUC Operational Procedures:
https://www.ncuc.org/wp-content/uploads/2017/09/NCUC-Operating-Procedures-Sept-2017.pdf
NCSG Charter:
https://gnso.icann.org/sites/default/files/filefield_25801/ncsg-charter-05may11-en.pdf

The Bylaws of NCUC have aligned themselves with NCSG charter about the
members eligibility.
Now that there is a representation in another constituency of the GNSO, it
makes the issue a bit more complex.
Basically it is up to the EC to decide if there is a conflict of interest.
And according to the membership rules, especially because they are a member
of a commercial constituency in GNSO through their organization, then they
might not be eligible to be even a member. But the operating procedures
stipulate that you don't have to remove that member and you can just change
their status to Observer. (look at section G of the Bylaws and Operating
Procedure (Section IX-7).
Since the eligibility of the member is at stake then it is recommendable
not to appoint to a leadership position.
You can advertise the role or if it is less than six months remaining to
the election, just hold an election.

Hope this helps. It is an unfortunate situation but being a member of the
BC makes it very tricky. But the EC should also consider the employment
status (what is the relationship to the org, are they just consultants) and
also other matters. So read the operating procedures carefully too before
deciding.

Farzaneh

On Wed, Dec 15, 2021 at 4:30 PM Benjamin Akinmoyeje <benakin at gmail.com>
wrote:

> Dear Ines,
> Thank you for your intervention.
> In respect of the issues about applications received, the applicant
> occupies a leadership position in a DNS company, and the company recently
> announced that they joined the Business Constituency
> https://www.tbsnews.net/economy/corporates/eyhost-joins-icann-business-constituency-338188
>
> This is what I am aware of, and I think it is a conflict of interest.
>
> I would like to know what the veterans think as well and guidance on other
> issues.
>
> Kind regards,
> Benjamin
>
> On Wed, Dec 15, 2021 at 8:25 PM h i <hfaiedh.ines2 at gmail.com> wrote:
>
>> Hi Ben
>>
>> In preparation for tomorrow s call, I was wondering if staff or veterans
>> on this list could provide us with an answer or elements of answer or even
>> simple advice on the process to follow:
>> - wht are the issues regarding the application received?
>> - Accepted or not, should we call for elections? abstain vs accept
>> - At that point in the term, is it ok to have the seat empty if no
>> further applications received?
>> @Mueller, Milton L <milton at gatech.edu>  @Rafik Dammak
>> <rafik.dammak at gmail.com>  @Tapani Tarvainen <ncuc at tapani.tarvainen.info>
>> could you maybe advise us as you had worked on ncuc bylaws?
>>
>> Thank you
>>
>> On Tue, Dec 14, 2021, 19:38 Ken Herman <ken at kherman.com> wrote:
>>
>>> Thursday 13 UTC is OK for me.
>>>
>>>
>>>
>>> Ken
>>>
>>>
>>>
>>> *From:* NCUC-EC <ncuc-ec-bounces at lists.ncuc.org> *On Behalf Of *Olga
>>> Kyryliuk
>>> *Sent:* Tuesday, December 14, 2021 7:30 AM
>>> *To:* Andrea Glandon <andrea.glandon at icann.org>
>>> *Cc:* NCUC-EC <ncuc-ec at lists.ncuc.org>
>>> *Subject:* Re: [NCUC-EC] [Ext] Re: FW: 10-minute REMINDER: Agenda for
>>> EC - Meeting | 13 December at 11:00 UTC
>>>
>>>
>>>
>>> Dear Andrea, dear all,
>>>
>>>
>>>
>>> Thursday 13 UTC would work for me.
>>>
>>>
>>>
>>> Best,
>>>
>>> Olga
>>>
>>>
>>>
>>>
>>>
>>> *13 декабря 2021, 17:12:05, от "Andrea Glandon" <**andrea.glandon at icann.org
>>> <andrea.glandon at icann.org>**>: *
>>>
>>>
>>>
>>> Hello all!
>>>
>>>
>>>
>>> We could do another call on Wednesday, 15 December at 13 or 14 UTC or on
>>> Thursday, 16 December at 13 or 14 UTC.  Please let us know if one of these
>>> times works.
>>>
>>>
>>>
>>> Thanks!
>>>
>>> Kind Regards,
>>>
>>> Andrea
>>>
>>>
>>>
>>>
>>>
>>> *From: *Benjamin Akinmoyeje <benakin at gmail.com>
>>> *Date: *Monday, December 13, 2021 at 05:26
>>> *To: *NCUC-EC <ncuc-ec at lists.ncuc.org>
>>> *Cc: *Brenda Brewer <brenda.brewer at icann.org>, Andrea Glandon <
>>> andrea.glandon at icann.org>
>>> *Subject: *[Ext] Re: [NCUC-EC] FW: 10-minute REMINDER: Agenda for EC -
>>> Meeting | 13 December at 11:00 UTC
>>>
>>>
>>>
>>> Dear  All,
>>>
>>> Good day and I hope this email finds you well.
>>>
>>> I believe this morning meeting timing was not suitable for all, hence we
>>> had to cancel  due to lack of attendance.
>>>
>>> It will be great if we can still meet sometime during the week and
>>> kindly let me know if you are available for us to quickly review some of
>>> the agenda items for the month.
>>>
>>>
>>>
>>> Looking forward to hearing from you.
>>>
>>>
>>>
>>> Kind regards,
>>>
>>> Benjamin
>>>
>>>
>>>
>>> On Mon, Dec 13, 2021 at 12:50 PM Brenda Brewer <brenda.brewer at icann.org>
>>> wrote:
>>>
>>> Hello NCUC-Executive Committee,
>>>
>>>
>>>
>>> A kind reminder of NCUC-EC meeting starting in 10 minutes at 11:00
>>> UTC.  Time zone support here [timeanddate.com]
>>> <https://urldefense.com/v3/__https:/www.timeanddate.com/worldclock/fixedtime.html?msg=NCUC*EC*Call&iso=20211213T11&p1=1440&am=30__;Kys!!PtGJab4!rmIVCmPDybbNIFSxejnw0ZDvWvscLCVw8NBbX7NI-FyaHBuVxU9ahQvuibBpMOftdP1RjTpUig$>
>>> . Please see join details below and attached.  Thank you!
>>>
>>>
>>>
>>> Agenda:
>>>
>>>    1. Shah candidacy concerns (AP EC candidate)
>>>    2. Members outreach update
>>>    3. NCUC platform update
>>>    4. Reflection from IGF2021
>>>
>>> Best,
>>>
>>> Andrea & Brenda
>>>
>>>
>>>
>>> *From: *Brenda Brewer <brenda.brewer at icann.org>
>>> *Date: *Friday, December 10, 2021 at 5:17 PM
>>> *To: *Benjamin Akinmoyeje <benakin at gmail.com>, Ken Herman <
>>> ken at kherman.com>, hfaiedh ines <hfaiedh.ines2 at gmail.com>
>>> *Cc: *NCUC-EC <ncuc-ec at lists.ncuc.org>, Andrea Glandon <
>>> andrea.glandon at icann.org>, Brenda Brewer <brenda.brewer at icann.org>
>>> *Subject: *Re: [Ext] Re: [NCUC-EC] UPDATE AND REMINDER: Agenda for EC -
>>> Meeting
>>>
>>>
>>>
>>> Hello all,
>>>
>>>
>>>
>>> Please note, the NCUC-EC meeting is moved to 11:00 UTC, same day of Monday,
>>> 13 December @ 11:00 UTC for 30 minutes. Time zone support here
>>> [timeanddate.com]
>>> <https://urldefense.com/v3/__https:/www.timeanddate.com/worldclock/fixedtime.html?msg=NCUC*EC*Call&iso=20211213T11&p1=1440&am=30__;Kys!!PtGJab4!rmIVCmPDybbNIFSxejnw0ZDvWvscLCVw8NBbX7NI-FyaHBuVxU9ahQvuibBpMOftdP1RjTpUig$>
>>> .
>>>
>>>
>>>
>>> Join Zoom Meeting:
>>> https://icann.zoom.us/j/94092142200?pwd=TnpWeFhha3lsbytJRG1tR1E3MHIwUT09
>>> [icann.zoom.us]
>>> <https://urldefense.com/v3/__https:/icann.zoom.us/j/94092142200?pwd=TnpWeFhha3lsbytJRG1tR1E3MHIwUT09__;!!PtGJab4!rmIVCmPDybbNIFSxejnw0ZDvWvscLCVw8NBbX7NI-FyaHBuVxU9ahQvuibBpMOftdP1lymfs0Q$>
>>>
>>> Meeting ID: 940 9214 2200
>>>
>>> Passcode: APaP=1ET!9
>>>
>>>
>>>
>>> Thank you.
>>>
>>> Kind regards,
>>>
>>> Brenda
>>>
>>>
>>>
>>>
>>>
>>> *From: *NCUC-EC <ncuc-ec-bounces at lists.ncuc.org> on behalf of Benjamin
>>> Akinmoyeje <benakin at gmail.com>
>>> *Date: *Thursday, December 9, 2021 at 7:16 AM
>>> *To: *Ken Herman <ken at kherman.com>, hfaiedh ines <
>>> hfaiedh.ines2 at gmail.com>
>>> *Cc: *NCUC-EC <ncuc-ec at lists.ncuc.org>
>>> *Subject: *[Ext] Re: [NCUC-EC] Agenda for EC - Meeting
>>>
>>>
>>>
>>> Dear Ken and Ines,
>>>
>>> Thank you for your emails.
>>>
>>>
>>>
>>> I like to request for an adjustment to our meeting time on Monday
>>> 13th December.
>>>
>>>
>>>
>>> I am having a schedule conflicts on Monday in the afternoon.
>>>
>>>
>>>
>>> Suggestions Can we have meeting earlier 10:30AM UTC or reschedule to
>>> Tuesday 14th December at the  previous same time.
>>>
>>>
>>>
>>> Kind regards,
>>>
>>> Benjamin
>>>
>>>
>>>
>>> On Thu, Dec 9, 2021, 2:42 PM Ken Herman <ken at kherman.com> wrote:
>>>
>>> Thanks Benjamin. Looks good to me and I have nothing to add.
>>>
>>>
>>>
>>> Ken
>>>
>>>
>>>
>>> *From:* NCUC-EC <ncuc-ec-bounces at lists.ncuc.org> *On Behalf Of *Benjamin
>>> Akinmoyeje
>>> *Sent:* Thursday, December 9, 2021 7:21 AM
>>> *To:* Exec. Comm <ncuc-ec at lists.ncuc.org>
>>> *Subject:* Re: [NCUC-EC] Agenda for EC - Meeting
>>>
>>>
>>>
>>> A gentle reminder
>>>
>>>
>>>
>>> On Tue, Dec 7, 2021 at 6:23 PM Benjamin Akinmoyeje <benakin at gmail.com>
>>> wrote:
>>>
>>> Dear EC members,
>>>
>>> Good day and I hope your day is going well.
>>>
>>> How is the IGF2021 for those attending?
>>>
>>> Our NCUC EC meeting is next monday
>>>
>>>
>>>
>>> The draft Agenda item
>>>
>>>    1. Shah candidacy concerns (AP EC candidate)
>>>    2. Members outreach update
>>>    3. NCUC platform update
>>>    4. Reflection from IGF2021
>>>
>>> Kindly add yours and let us share with Andrea for the meeting.
>>>
>>>
>>>
>>> Kind regards,
>>>
>>> Benjamin
>>>
>>>
>>>
>>> _______________________________________________
>>> NCUC-EC mailing list
>>> NCUC-EC at lists.ncuc.org
>>> https://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-ec [lists.ncuc.org]
>>> <https://urldefense.com/v3/__https:/lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-ec__;!!PtGJab4!rmIVCmPDybbNIFSxejnw0ZDvWvscLCVw8NBbX7NI-FyaHBuVxU9ahQvuibBpMOftdP2jLI7ZQA$>
>>>
>>> _______________________________________________
>>>
>>> NCUC-EC mailing list
>>>
>>> NCUC-EC at lists.ncuc.org
>>>
>>> https://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-ec
>>>
>>>
>>>
>>> _______________________________________________
>>> NCUC-EC mailing list
>>> NCUC-EC at lists.ncuc.org
>>> https://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-ec
>>>
>> _______________________________________________
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>>
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