[gnso-osc-csg] Re: Request for Information on the Regulation and Reporting of ICANN Staff

[Denise Michel <denise.michel@xxxxxxxxx>]

Victoria,

Thank you for your email. Since you have indicated that the concerns,
questions and information requests contained in your email below are
made in the context of the Constituency Operations Work Team's report,
I also have copied the WT.

It seems that most of the issues you raise regarding Staff employment,
reporting and accountability are not within the charter of this WT,
which was created to essentially recommend to the Council "tools"
Constituencies and Stakeholder Groups need to improve inclusiveness,
effectiveness and efficiency.  The WT was asked to consider items such
as outreach for participation, Constituency guidelines, and basic
administrative, operational and technical services.

If the WT would like to suggest that ICANN provide Secretariat or
other Staff support for all Constituencies and it is in this vein that
you've asked questions about who Staff report to and how they relate
to Constituency members, I can provide some basic information.  The
GNSO's Secretariat (Glen) and other Staff supporting the GNSO are
ICANN employees.  They support the GNSO's policy development
activities and report to me, as head of ICANN's Policy Department.
ICANN employees do not report to, nor are they "employed" by, any GNSO
volunteer, company, or constituency.  Staff supporting the GNSO work
very closely with GNSO volunteers to support GNSO activities in a fair
and balanced manner.

Separate from this WT effort, if you, or any community member, would
like information about Staff employment contracts, rules, etc., please
see ICANN's Documentary Information Disclosure Policy (DIDP) at
<http://www.icann.org/en/transparency/didp-en.htm>.  The DIDP is
intended to ensure that information contained in documents concerning
ICANN's operational activities, and within ICANN's possession,
custody, or control, is made available to the public unless there is a
compelling reason for confidentiality.

Again, separate from this WT effort, if you, or any community member,
has a concern or complaint about Staff, including potential
inappropriate or unprofessional behavior, I encourage you to contact
ICANN's Ombudsman regarding this matter at
<http://www.icann.org/ombudsman/>.  The Ombudsman's function is to act
as an Alternative Dispute Resolution (ADR) office for the ICANN
community who may wish to lodge a complaint about a staff or board
decision, action or inaction.  The Ombudsman will act as impartial
officer and will attempt to resolve complaints about unfair treatment
by ICANN using ADR techniques.

Please let me know if the WT requires any further assistance.

Thank you for volunteering your time for this important endeavor.

Regards,
Denise

Denise Michel
ICANN Vice President
Policy Development
denise.michel@xxxxxxxxx
+1.408.429.3072 mobile
+1.310.578.8632 direct


On Wed, Sep 9, 2009 at 1:50 PM, Victoria McEvedy <victoria@xxxxxxxxxx> wrote:
>
> Dear Denise,
>
>
>
> I am drafting a report on Constituency Operations for a GNSO WG in which I am 
> raising concerns about constitutional/structural and procedural boundaries 
> for Staff and the checks and balances in place.
>
>
>
> I am concerned at the potential that Staff may be subjected to informal, non 
> transparent lobbying and may fear for their employment and be unable to 
> refuse to participate.
>
>
>
> Below is my draft section as it now stands:
>
>
>
> A concern was raised as to the Staff’s role and function in the GNSO and to 
> whom the Staff answer.  Having no independent constitutional role, they must 
> act under the direction of a GNSO entity, have transparent instructions and 
> be accountable to that entity. In practice, the Staff’s authorizing mandates 
> are not always made public in a timely fashion, nor are the tasks clearly 
> subject to the direction, supervision or oversight of any entity. Without 
> structural safeguards, transparent mandates and lines of reporting and 
> accountability; Staff may be engaged and informally lobbied by interested 
> parties –circumventing transparency measures. Such practices represent a 
> major challenge to all objectives of GNSO reform. Further, Staff should be 
> protected from such pressures, particularly in relation to Contracted parties 
> who may regard themselves as the employers of the Staff.
>
> Some group members were concerned to identify further evidence of or 
> justification for this concern. All agreed that investigation of the issue 
> was not within our remit however. It was suggested that this may be a matter 
> for the BGC itself or the SIC and we agree and recommend that this WG 
> formally refer the issue to the BGC and the SIC and ask them to recommend a 
> procedure for instructing and engaging Staff –ideally by published request, 
> mandate, or decision and in each case stipulate to whom Staff should report 
> and who shall supervise them. It was also suggested that Staff should raise 
> this with their superiors and we agree that Staff should themselves require 
> written and published requests, mandates or decisions as authority going 
> forward.
>
>
>
> I would be grateful for any information or comments that you can provide.
>
>
>
> In particular, please confirm/advise:
>
>
>
> 1.    Whether any contract exists between an ICANN entity and the Secretariat 
> and if so whether it is publically available.
>
> 2.    To which ICANN entity the Staff are contracted and are legally 
> responsible.
>
> 3.    Any protocols, regulations or procedures govern Staff interaction with 
> GNSO interested parties.
>
> 4.    Any standard clauses in the employment agreements with Staff impacting 
> the issues in (3).
>
> 5.    Procedures to be followed before the Staff are authorized to conduct 
> informal negotiations with GNSO interested parties and provisions for 
> publication and transparency and oversight and public and or other reporting.
>
> 6.    Dispute or other provisions that would protect Staff if improperly 
> informally invited to participate in lobbying by GNSO interested parties.
>
> 7.    Avenue for GNSO interested parties to complain about Staff and for 
> Staff to answer the same.
>
> 8.    Other information pertaining to these issues.
>
>
>
> Please let me know if you need further information. I am happy to formalize 
> this request if need be –under the disclosure policy or otherwise.
>
>
>
> Thank you and best regards,
>
>
>
>
>
> Victoria McEvedy
>
> Principal
>
> McEvedys
>
> Solicitors and Attorneys
>
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