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

[Denise Michel <denise.michel@xxxxxxxxx>]

Dear Victoria,

To submit a specific request for information, please send an email to
<didp@xxxxxxxxx>.  More information and directions can be found on
ICANN's Documentary Information Disclosure Policy (DIDP) at
<http://www.icann.org/en/transparency/didp-en.htm>.

Regards,
Denise

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



On Sun, Sep 13, 2009 at 10:20 AM,  <victoria@xxxxxxxxxx> wrote:
> Dear Denise,
>
> Please treat this as a formal request for disclosure of the data from myself 
> as an individual and a member of the ICANN Community pursuant to the 
> Disclosure Policy and treat the balance of the information provided as 
> background information to assist in tailoring the search. Thank you and 
> regards, Victoria McEvedy
>
> Sent from my BlackBerry® wireless device
>
> -----Original Message-----
> From: Denise Michel <denise.michel@xxxxxxxxx>
> Date: Sat, 12 Sep 2009 17:04:03
> To: Victoria McEvedy<victoria@xxxxxxxxxx>
> Cc: <Gnso-osc-csg@xxxxxxxxx>
> Subject: Re: Request for Information on the Regulation and Reporting of ICANN
>        Staff
>
> 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
>>
>>
>>
>> 96 Westbourne Park Road
>>
>> London
>>
>> W2 5PL
>>
>>
>>
>> T:    +44 (0) 207 243 6122
>>
>> F:    +44 (0) 207 022 1721
>>
>> M:   +44 (0) 7990 625 169
>>
>>
>>
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>>
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