Re: [gnso-ppsc-pdp] RE: [gnso-ppsc] question of conflict of interest

[Marika Konings <marika.konings@xxxxxxxxx>]

After checking with the Office of the General Counsel, we can confirm that
to our knowledge there are no by law provisions or rules of procedure that
prevent or advice against a Council member to take a leadership role in
GNSO Working Groups or Steering Committees.

With best regards,

Marika

On 09/12/10 07:08, "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx> wrote:

>
>I am going to refer this question to the icann staff.  I do not share her
>view that simply serving as the chair of the group should silence me
>during any council discussions.  That would be a first.  Avri was never
>silent in the Council discussions with any of the groups she chaired.
>Neither is/was Olga, edmon, chuck, Alan and countless other councillors
>silent on any of topics at the Council level for groups that they
>chaired.  I also want to note that Avri was given plenty of air time at
>the Council meeting yesterday on defending the work of her groups, one of
>which she chaired.  Perhaps that too was improper?  Also Avri's constant
>instant messaging to the NCSG reps during the entire Council meeting also
>would be suspect and in my opinion constitutes "participation" in the
>discussions and would have to be banned on the topics/groups she chairs.
>
>If I have to recuse myself from a vote, that would also be a first (given
>the above groups), but I would be happy to get an opinion from staff on
>that as well.
>
>I have to state for the record that the timing of this request is more
>than suspect and comes less than an hour after a motion that she wanted
>did not want passed unanimously.
>
>
>If Avri is correct about not participating in the discussions, which I do
>not believe she is, then I will surrender my position as chair effective
>immediately.  The topic of the policy development is way too important to
>me and the other registries to give up the right to discuss the topic at
>the registry level.
>
>
>Jeffrey J. Neuman, Esq.
>Vice President, Law & Policy
>NeuStar, Inc.
>Jeff.Neuman@xxxxxxxxxxx
>
>
>
>----- Original Message -----
>From: Avri Doria [mailto:avri@xxxxxxx]
>Sent: Thursday, December 09, 2010 06:40 AM
>To: Gnso-ppsc-pdp@xxxxxxxxx <gnso-ppsc-pdp@xxxxxxxxx>
>Cc: gnso-ppsc@xxxxxxxxx <gnso-ppsc@xxxxxxxxx>
>Subject: Re: [gnso-ppsc-pdp] RE: [gnso-ppsc] question of conflict of
>interest
>
>
>Hi,
>
>Yes, Jeff recusing himself from PPSC and PDP WT related
>discussions/decsions on council would serve the same function.
>
>a.
>
>On 9 Dec 2010, at 01:34, James M. Bladel wrote:
>
>> 
>> The simplest way to solve this issue (and I'm still not convinced one
>> exists) would be for Jeff to abstain from PPSC-related votes before the
>> council. 
>> 
>> But even this is probably overkill.
>> 
>> J.
>> 
>> -----
>> James M. Bladel
>> 
>> jbladel@xxxxxxxxxxx
>> Sent via iPad, using the free app from GoDaddy.com
>> 
>> > -------- Original Message --------
>> > Subject: Re: [gnso-ppsc-pdp] RE: [gnso-ppsc] question of conflict of
>> > interest
>> > From: Avri Doria
>> > Date: Wed, December 08, 2010 11:57 pm
>> > To: gnso-ppsc@xxxxxxxxx
>> > Cc: "Gnso-ppsc-pdp@xxxxxxxxx"
>> > 
>> > Hi,
>> > 
>> > I has very little to do with trusting Jeff. No one could or should do
>>this.
>> > 
>> > It has to do with one not being able to be ones own manager. In
>>today's meeting instead of being the manager who looked at the need to
>>get work done more quickly and seriously questioning the chair on why he
>>couldn't, Jeff was the PPSC and PDP WT chair explaining why he could not
>>do the work more quickly. and though Jeff the chair gave no details
>>explaining why he couldn't do the work more quickly, Jeff the manger did
>>not question this but just refused the logic of motion that would have
>>required more alacrity.
>> > 
>> > This is not a proper chain of responsibility. This is not
>>accountability!
>> > 
>> > a.
>> > 
>> > 
>> > 
>> > On 9 Dec 2010, at 00:11, Marilyn Cade wrote:
>> > 
>> > > 
>> > > I too see no reason for concern. If Jeff can't carry workload, I am
>>sure he will ack/and take steps accordingly.
>> > > 
>> > > I have a lot of respect for Jeff and his commitment and integrity,
>>and responsibility.
>> > > 
>> > > But I also object to starting over on chair. Let's finish the work
>>with a conaiatent chair who has stated willingness and demonstrated his
>>skills and capability and commitment to fulfilling the ToR....
>> > > Sent via BlackBerry by AT&T
>> > > 
>> > > -----Original Message-----
>> > > From: Mike Rodenbaugh
>> > > Date: Thu, 9 Dec 2010 01:37:24
>> > > To: ; ; ; ; 
>> > > Subject: [gnso-ppsc-pdp] RE: [gnso-ppsc] question of conflict of
>>interest
>> > > 
>> > > I see no reason for concern...
>> > > 
>> > > Mike Rodenbaugh
>> > > RODENBAUGH LAW
>> > > tel/fax: +1 (415) 738-8087
>> > > http://rodenbaugh.com
>> > > 
>> > > 
>> > > -----Original Message-----
>> > > From: owner-gnso-ppsc@xxxxxxxxx [mailto:owner-gnso-ppsc@xxxxxxxxx]
>>On Behalf
>> > > Of Neuman, Jeff
>> > > Sent: Wednesday, December 08, 2010 4:35 PM
>> > > To: 'avri@xxxxxxx'; 'gnso-ppsc@xxxxxxxxx';
>>'gnso-ppsc-pdp@xxxxxxxxx';
>> > > 'council@xxxxxxxxxxxxxx'
>> > > Subject: Re: [gnso-ppsc] question of conflict of interest
>> > > 
>> > > 
>> > > Thanks Avri. I understand your concern and if those on the PPSC and
>>PDP-WT
>> > > or the Council believe that I will not be able to do both, I will
>>step down
>> > > as Chair of both the SC and WT.
>> > > 
>> > > I will note, however, that there is no bylaw or operational
>>procedure that
>> > > bars a council member from serving as the chair of a working group
>>and I am
>> > > fine with continuing to serve as well.
>> > > 
>> > > That said, I am happy to follow the will of the Council and the
>>policy
>> > > teams.
>> > > Jeffrey J. Neuman, Esq.
>> > > Vice President, Law & Policy
>> > > NeuStar, Inc.
>> > > Jeff.Neuman@xxxxxxxxxxx
>> > > 
>> > > 
>> > > 
>> > > ----- Original Message -----
>> > > From: Avri Doria [mailto:avri@xxxxxxx]
>> > > Sent: Wednesday, December 08, 2010 07:22 PM
>> > > To: gnso-ppsc@xxxxxxxxx ; Gnso-ppsc-pdp@xxxxxxxxx
>> > > 
>> > > Subject: [gnso-ppsc] question of conflict of interest
>> > > 
>> > > 
>> > > hi,
>> > > 
>> > > As I have done before in other circumstances, I question the
>>legitimacy of
>> > > having a chair for the PPSC or the PDP WT who has ascended to the
>>GNSO
>> > > council and is one of its vice-chairs I believe that the influence a
>> > > council member, who is in the position of approving or disapproving
>>the work
>> > > of PPSC and its WTs is not consistent with also being a Chair of
>>either the
>> > > PPSC or of a WT.
>> > > 
>> > > This is a personal question at this point, but I will be forwarding
>>this
>> > > note to the NCSG to seek their advice on the issue.
>> > > 
>> > > thanks
>> > > 
>> > > a
>> > > 
>> > >
>> 
>
>
>