RE: [gnso-osc] FOR ADOPTION May 14 - GCOT Ops Section 5 - disclosure of interest

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

I have a concern about the following sentence in Section 5.4.2:
"Participants should be polled individually by the Chair to ensure that
all updates to respective Disclosures of Interest have been received and
those responses shall be recorded in all minutes."  I think it would be
too time consuming to poll participants individually in every meeting.
How about this: "Participants shall be reminded to update Disclosures of
Interest and the responses shall be recorded in all minutes."

 

All else looks fine to me.

 

Chuck

 

From: owner-gnso-osc@xxxxxxxxx [mailto:owner-gnso-osc@xxxxxxxxx] On
Behalf Of Philip Sheppard
Sent: Tuesday, May 04, 2010 9:08 AM
To: gnso-osc@xxxxxxxxx
Subject: [gnso-osc] FOR ADOPTION May 14 - GCOT Ops Section 5 -
disclosure of interest

 

Dear OSC members,

FOR REVIEW AND ADOPTION by May 14

 

Please find attached a revised Section 5  of the GNSO operating manual
on disclosures of interest.

The changes - best seen in the red line version - address specific
issues recently raised by Steve Metalitz.

For me this concludes the outstanding items and I believe it is ready
for adoption by the OSC and forwarding to Council.

For good order I propose until May 14 for you approvals or other
comments.

Below are notes from GCOT on how they addressed the issues raised.

Philip

 

________________________________


1.  "investment interest" be defined to exclude ownership of a de
minimis number of shares in a publicly traded company.  Section
5.3.3.3.i. AGREED and changed.

2.  Recognize that there will be circumstances in which a requirement
(under section 5.3.3.3.ii) to disclose that (for example) a lawyer
represents Google in a matter totally unrelated to anything in the ICANN
purview could present a problem or at least a considerable delay in
getting permission to disclose the representation.  AGREED it is covered
under 5.5.1 as an extenuating circumstance.

3. Requirement to disclose "potential ... investment interest in  or
compensation arrangement with...." contracted parties (section
5.3.3.3.iii) will need to be administered in a common-sense manner.
AGREED, but the Work Team noted that we cannot have an answer for every
potentiality so they agreed not to change the text but to look to common
sense.

4.  Reference to "nomination/selection as a work team member" change to
"participation"?  AGREED and changed.

5.  Reference to "Declarations of Interest" in Section .5.2.1 change to
"Disclosures of Interest."  AGREED and rest of the document checked to
make sure all other instances are corrected.

In addition, the Work Team discussed comments received in the Public
Comment period, particularly by INTA, and agreed to add a request for
the respondent's declared country of residence in Section 5.3.3.