Re: [gnso-osc-csg] Actions/Summary: 26 March 2010 Meetingly

["Anthony Harris" <harris@xxxxxxxxxxxxx>]

Claudio,

Thanks for this clear response, which I support in it's
entirety. ICANN's impressive growth since the days
of it's launching in 1999, has been possible because
interest groups were allowed leeway to self-organize
within a framework of constituencies in the manner
tha worked best for them. Rigid and bureaucratic 
straightjackets have never been the norm in the
ICANN environs, and I hesitate to conclude that
this has changed today.

Two things caught my attention in the recent e-mail
exchange flow:

I noticed a certain skepticism about the question of
difficulty in unearthing volunteers in constituencies,
who would replace officers obliged to step down to
comply with term limits. Well, be as it may, this is
frequently a fact of life. Companies and entities may
be willing to participate in a constituency as members,
but not many would commit their representatives to
engage as officers (sit on Council, Stakeholder Group
Executive Committee, or Constituency Executive
Committee). The reason? Simple - hours of workload,
F2F meetings, teleconferences at unseemly hours for
some, etc. 

With regards to comments that emphasize the need for
"proposed standard rules to Policy committees", perhaps
we should venture a reminder that, within a Constituency,
an Executive Committee is not a Policy Committee, but
simply a steering group that coordinates the ongoing 
functions of the Constituency, and ensures the membership
has all due opportunities to discuss ICANN issues, and
provide consensus input to the Councillors, and as of now
the Stakeholder Group Executive Committee, on policy matters
as they emerge in the GNSO.

Tony Harris
  ----- Original Message ----- 
  From: Claudio Di Gangi 
  To: 'Victoria McEvedy' ; Gomes, Chuck ; Rafik Dammak 
  Cc: Julie Hedlund ; gnso-osc-csg 
  Sent: Wednesday, April 07, 2010 11:38 AM
  Subject: RE: [gnso-osc-csg] Actions/Summary: 26 March 2010 Meetingly


  I think the issue is not just limited to the number of willing volunteers but 
also about the level of experience, knowledge, understanding and expertise 
volunteers have of ICANN and the evolving & complex issues under consideration. 
There is also the question of the potential impact of rules restricting 
participation on the effectiveness and efficiency of a group's operations, and 
the issue of the right to self-determination in group's setting their own 
operating rules on these issues to reflect their unique aspects, 
characteristics, communities, etc. - as long as consistent with the ICANN 
bylaws and the common principles the group's agree to as identified in GNSO 
improvements.  In this regard, a one-size-fit-all rule on participation may 
produce disparate impact since the groups represent completely different 
interests and communities, etc.

   

  So while I think it may be easy to just say impose term limits on all 
aspects, the impact of such rules need to be considered against the potential 
need or benefit of term limits.

   

  That's being said, we came to agreement on setting term limits consistent 
with the BGC recommendations for the executive leadership, i.e. the elected 
officers. In outside parlance, term limits are often limited to the executive 
branch only in many cases. For example, see efforts to impose term limits on 
the Congress in the United States.

   

  Hope helpful.

   

  claudio

   

  From: Victoria McEvedy [mailto:victoria@xxxxxxxxxx] 
  Sent: Wednesday, April 07, 2010 4:43 AM
  To: Gomes, Chuck; Rafik Dammak; Claudio Di Gangi
  Cc: Julie Hedlund; gnso-osc-csg
  Subject: RE: [gnso-osc-csg] Actions/Summary: 26 March 2010 Meetingly

   

  Chuck -while people have talked about the shortage of volunteers generally - 
this applies to all committees/and Groups generally.  

   

  Based on objections raised on WT calls it seems there are views that Policy 
Committees involve special concerns as to transparency and now to term limits 
and I don't believe there has been any real discussion on the distinguishing 
features of the Policy Committees in relation to these.   

   

  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 

   

  www.mcevedy.eu  

  Regulated by the Solicitors Regulation Authority #465972

  This email and its attachments are confidential and intended for the 
exclusive use of the addressee(s).  This email and its attachments may also be 
legally privileged. If you have received this in error, please let us know by 
reply immediately and destroy the email and its attachments without reading, 
copying or forwarding the contents.

  This email does not create a solicitor-client relationship and no retainer is 
created by this email communication. 

   

  From: Gomes, Chuck [mailto:cgomes@xxxxxxxxxxxx] 
  Sent: 07 April 2010 00:34
  To: Victoria McEvedy; Rafik Dammak; Claudio Di Gangi
  Cc: Julie Hedlund; gnso-osc-csg
  Subject: RE: [gnso-osc-csg] Actions/Summary: 26 March 2010 Meetingly

   

  Victoria,

   

  It is not true that reasons have not been given.  It would be more accurate 
to say that you disagree with the reasons that have been given.

   

  Chuck

   


----------------------------------------------------------------------------

    From: Victoria McEvedy [mailto:victoria@xxxxxxxxxx] 
    Sent: Tuesday, April 06, 2010 9:42 AM
    To: Gomes, Chuck; Rafik Dammak; Claudio Di Gangi
    Cc: Julie Hedlund; gnso-osc-csg
    Subject: RE: [gnso-osc-csg] Actions/Summary: 26 March 2010 Meetingly

    There has been repeated objection to the application of any proposed 
standard rules to Policy committees ---but no reasons for this have been 
articulated and I for one do not support their exclusion. They lie at the heart 
of the work of the Groups.  

     

     

    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 

     

    www.mcevedy.eu  

    Regulated by the Solicitors Regulation Authority #465972

    This email and its attachments are confidential and intended for the 
exclusive use of the addressee(s).  This email and its attachments may also be 
legally privileged. If you have received this in error, please let us know by 
reply immediately and destroy the email and its attachments without reading, 
copying or forwarding the contents.

    This email does not create a solicitor-client relationship and no retainer 
is created by this email communication. 

     

    From: owner-gnso-osc-csg@xxxxxxxxx [mailto:owner-gnso-osc-csg@xxxxxxxxx] On 
Behalf Of Gomes, Chuck
    Sent: 06 April 2010 14:33
    To: Rafik Dammak; Claudio Di Gangi
    Cc: Julie Hedlund; gnso-osc-csg
    Subject: RE: [gnso-osc-csg] Actions/Summary: 26 March 2010 Meetingly

     

    It may be helpful to realize that the concept of Executive Committees is 
now embedded in all the SG charters so there is a particularly significant role 
for these committees. Also, the concept of Executive Committees was not 
previously built in to the Constituency concept except indiviudally by some 
constituencies so the BGC probably didn't directly focus on these committees 
when recommending term limits.

     

    With that understanding, a reasonable compromise might be to apply term 
limits to Constituency/SG officers, Executive Committees and Council 
Representatives and recommend them as a best practice for other committees and 
subgroups.

     

    Chuck

       


--------------------------------------------------------------------------

      From: Rafik Dammak [mailto:rafik.dammak@xxxxxxxxx] 
      Sent: Tuesday, April 06, 2010 4:56 AM
      To: Claudio Di Gangi
      Cc: Gomes, Chuck; Julie Hedlund; gnso-osc-csg
      Subject: Re: [gnso-osc-csg] Actions/Summary: 26 March 2010 Meeting

      Hi Claudio, 

       

      I am in favor of more strong wording, best practice looks really optional 
and I am afraid that there won't be willingness to apply it in groups. 

      for policy committees, they should be temporary by their nature if my 
understanding is correct. 

      to apply term limit has to be applied for executive committees.

       

      Regards

       

      Rafik

       

      2010/4/6 Claudio Di Gangi <cdigangi@xxxxxxxx>

      Rafik,

      thanks, i appreciate your response.

      would you recommend the best practice for term limits apply only to the 
group's executive committee or to which group committees?

      under what basis is that distinction made?

      claudio

      ________________________________________
      From: Rafik Dammak [rafik.dammak@xxxxxxxxx]
      Sent: Monday, April 05, 2010 10:40 PM

      To: Claudio Di Gangi
      Cc: Gomes, Chuck; Julie Hedlund; gnso-osc-csg
      Subject: Re: [gnso-osc-csg] Actions/Summary: 26 March 2010 Meeting

      Thanks Claudio for your explanation, but I think that we need to improve 
the current situation and recommend common best practices. I may understand 
that few constituencies can face problem to have people volunteering (even if I 
have real doubts about those facts), I think that those constituencies have to 
work internally to improve the situation and not asking for lowering standards.
      I am not sure how the WT will handle that point, but I am clearly not in 
favor of what you suggest.
      @Olga @Michael I think that we need to make decision about this point and 
not block the on going review of the rest of document because the tight 
schedule  we have

      Regards

      Rafik

      2010/4/2 Claudio Di Gangi <cdigangi@xxxxxxxx<mailto:cdigangi@xxxxxxxx>>

      Rafik,

      Just to further expand on my last reply to you:

      In light of the complexities of the issues that fall under ICANN's remit, 
it may be necessary or of great value to a Group to have a volunteer serve on 
the executive committee or policy committee for several consecutive terms 
before they have enough experience and knowledge etc. to serve as Chair or in 
another similar leadership position. That is if the Group is fortunate enough 
to have such volunteers who are willing and able to dedicate the time and 
energy necessary to serve in these positions in the first instance.

      No matter how representative a group may be of its community, one cannot 
assume that there will be endless pool of willing volunteers to serve in these 
positions. On the contrary, what likely matters more is what community or 
interest is being represented by these Groups and how directly or indirectly 
ICANN's policies impact them. Each group represents significantly varying 
interests that are impacted by ICANN's policies is a markedly different way, so 
this directly impacts participation. Therefore rules restricting participation 
on committees can impact Groups very unequally, and this is separate and aside 
from the issue of representativeness.

      Therefore, I believe we need to thread very carefully here. We have 
agreed to establishing term limits for constituency officers, which implements 
the BGC recommendation we were tasked with addressing. If groups want to expand 
term limits to other areas of their operations based on their specifics, that 
is of course something they are always able to do through their charters. If 
it's an issue our work team feels very strongly about, then I suggest we 
consider including it as a best practice.

      Hope this was helpful.

      claudio

      From: Rafik Dammak 
[mailto:rafik.dammak@xxxxxxxxx<mailto:rafik.dammak@xxxxxxxxx>]

      Sent: Friday, April 02, 2010 3:36 AM
      To: Claudio Di Gangi
      Cc: Gomes, Chuck; Julie Hedlund; gnso-osc-csg
      Subject: Re: [gnso-osc-csg] Actions/Summary: 26 March 2010 Meeting

      Hi Claudio,
      I am confused about your suggestion as the limit will be meaningless if 
it is not applied to executive committee.
      if there is fears about volunteering, that issue is more linked to 
representativeness level of Group.
       "but I would not extend the term limit to policy and executive 
committees. This is consistent with the BGC recommendation which we are tasked 
with implementing, which states: ""There should be term limits for constituency 
officers, so as to help attract new members and provide everyone with the 
chance to participate in leadership positions."
       and after the effort done for II.8 I am not in favor of deletion.
      Regards

      Rafik

       



    __________ Information from ESET NOD32 Antivirus, version of virus 
signature database 5004 (20100406) __________

    The message was checked by ESET NOD32 Antivirus.

    http://www.eset.com



    __________ Information from ESET NOD32 Antivirus, version of virus 
signature database 5004 (20100406) __________

    The message was checked by ESET NOD32 Antivirus.

    http://www.eset.com



  __________ Information from ESET NOD32 Antivirus, version of virus signature 
database 5005 (20100406) __________

  The message was checked by ESET NOD32 Antivirus.

  http://www.eset.com



  __________ Information from ESET NOD32 Antivirus, version of virus signature 
database 5005 (20100406) __________

  The message was checked by ESET NOD32 Antivirus.

  http://www.eset.com