RE: [gnso-osc-ops] SOI/DOI and OSC

["Ray Fassett" <ray@xxxxxxxxx>]

My thinking might be a little different that I want to share, open to
thoughts and feedback.  If ICANN staff are stating to us that all employees
are bound to represent the interests of the organization in all matters, and
we accept this is the case, then we would also be accepting their rights and
ability to legally enforce in an employer-employee relationship.  For
example, if I own stock in a relevant company and an action I take appears
to represent my stock investment rather than my employer's interests, my
employer has the right and ability to take different forms of action of
reprimand, including terminating my employment.  It is these type of what-if
scenarios that make it very important that ICANN staff is able to affirm for
us that all employees under all circumstances must represent the interests
of the organization because this confirms they have the enforcement rights
as the employer to take action, thus alleviating the need for us to craft
out various what-if scenario's.  Every what-if scenario is covered and if
every what-if scenario is covered, then becomes a basis for us to say why
staff completing an SOI per the Rules would in fact be redundant.

Ray

-----Original Message-----
From: owner-gnso-osc-ops@xxxxxxxxx [mailto:owner-gnso-osc-ops@xxxxxxxxx] On
Behalf Of Ron Andruff
Sent: Wednesday, October 13, 2010 5:19 PM
To: 'gnso-osc-ops'
Subject: RE: [gnso-osc-ops] SOI/DOI and OSC


All good news, Avri. WRT staff owning stock in a company, if it is deminimus
(that spelling looks funky!) then I submit it is already addressed in the
current SOI language, but we could certainly toss this back to staff to
consider in light of our requests for new language from today.  If it is
significant stock ownership, then SOI would be called into play.

My 2 cents...

RA

Ronald N. Andruff
President
RNA Partners, Inc.
220 Fifth Avenue
New York, New York 10001

+ 1 212 481 2820 ext. 11

 


-----Original Message-----
From: owner-gnso-osc-ops@xxxxxxxxx [mailto:owner-gnso-osc-ops@xxxxxxxxx] On
Behalf Of Avri Doria
Sent: Wednesday, October 13, 2010 5:06 PM
To: gnso-osc-ops
Subject: [gnso-osc-ops] SOI/DOI and OSC


Hi,

I did as was discussed in our previous meeting and reported on this group's
continuing efforts with SOI/DOI to the PPSC Working Group WT.  I covered all
3 of the issues: Written DOIs, Individual polling for SOI/DOI and Staff
SOI/DOI.

As they had taken a decision to include the work of this group in their
report, they indicated that they will wait for this group to finish and then
review during the comment period.  

I recommend that when have completed the rewording, we send a courtesy
notifications w/text to the PPSC Working Group Working Team for their review
and comment.  I do not think we need to wait for the OSC to approach the
PPSC for this.  As a member of both groups, I can serve as a carrier for
that effort if the group wishes. 

The WG WT has just finished doing its comment review and is nearly ready to
send their doc for final approval.  They are going to annotate the
dependency of the SOI./DOI in the guidelines on this group's work.

I should also mention that there was definite interest in the subject of
Staff SOI/DOI.  One issue that was brought up in our brief discussion was
the hypothetical of a Staff member who owned stock in a relevant corporation
- i.e. how did we intend to handle that. 

So, how do we intend to handle that?

cheers,

a.