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RE: [gnso-ppsc-pdp] RE: [gnso-ppsc] question of conflict of interest
- To: "Marilyn Cade" <marilynscade@xxxxxxxxxxx>, "Avri Doria" <avri@xxxxxxx>, <gnso-ppsc@xxxxxxxxx>
- Subject: RE: [gnso-ppsc-pdp] RE: [gnso-ppsc] question of conflict of interest
- From: "David W. Maher" <dmaher@xxxxxxx>
- Date: Thu, 9 Dec 2010 09:22:37 -0500
I agree with Marilyn's well-considered comments
David
David W. Maher
Senior Vice President - Law & Policy
Public Interest Registry
1775 Wiehle Ave, #200
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From: owner-gnso-ppsc-pdp@xxxxxxxxx
[mailto:owner-gnso-ppsc-pdp@xxxxxxxxx] On Behalf Of Marilyn Cade
Sent: Thursday, December 09, 2010 7:04 AM
To: Avri Doria; gnso-ppsc@xxxxxxxxx
Cc: gnso-ppsc-pdp@xxxxxxxxx
Subject: RE: [gnso-ppsc-pdp] RE: [gnso-ppsc] question of conflict of
interest
I am disappointed at the tone of this initiative. I have two thoughts on
this after also listening to efforts by some on the Council to lessen
the declaration of interests. I dont believe that the board members who
chair committees are expected to be silent during board deliberations on
a committee report.
and the second thought: I am not aware of support from the broader
community to strip councilors of their ability to participate outside of
Council on working activities of this nature, and I would find that
regretable, should it happen. I also do not think that -- generally -- a
sitting councilor will have a lot of spare time. :-) HOWEVER, this is a
transitional period as one party comes into being on the Council, and
has a sitting role on a working group regarding restructuring work. That
group is completing its work. It seems strange, and unnecessary to make
this forced change.
I do not support it, and find it unnecessary, and in fact, I do have
concerns about making a change.
Marilyn Cade
> Subject: Re: [gnso-ppsc-pdp] RE: [gnso-ppsc] question of conflict of
interest
> From: avri@xxxxxxx
> Date: Thu, 9 Dec 2010 07:45:37 -0500
> CC: gnso-ppsc-pdp@xxxxxxxxx
> To: gnso-ppsc@xxxxxxxxx
>
>
> PS.
>
> I would like to point out, speaking of Chuck stepping down from the
OSC.
>
> I understand that soon Chuck will no longer have that conflict of
interest and spoke of having a lot of free time on his hands.
>
> He also knows a lot about how PDPs work and don't work after his
recent stint as a GNSO Council member and chair.
>
> He has been tracking the group's work as chair and is pretty much up
to speed.
>
> He has recently shown with the Rec6 that he knows how to get a group
to work quickly.
>
> And coincidentally he was also a RySG member so there would not be
change in the balance of power.
>
> And even more conveniently, he was also against the motion I supported
to close the PPSC and OSC.
>
> So a change could be made if Jeff stepped down that would in most
probability not affect the work of the PPSc in any deleterious manner.
>
> a.
>
>
> On 9 Dec 2010, at 07:24, Avri Doria wrote:
>
> >
> >
> > On 9 Dec 2010, at 07:08, Neuman, Jeff 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.
> >
> > My concern comes not from whether the motion was passed or not, but
the way in which you acted while the motion was being discussed. Lots of
things I disagree with are done by council members, so your accusations
are unwarranted. But your accusations do represent the kind of problems
you see when there is a conflict of interest. Now that you are on the
council, and its leadership team, you need to hold yourself to a higher
standard.
> >
> > Also this is more related to the new methods of behavior that are
being established in this new managerial council and the ideas about the
way to run working groups, then it is on the history of the old council.
> >
> > Also Alan does not have a vote in the council. Chuck stepped down as
chair of the OSC when a similar issue was brought up last year, that is
why Philip is now the char of the OSC. In regards to Olga, she is not
chairing a Standing Committee, but had I been paying attention to her WT
I may have had similar remarks - though the identity of WT as just
subgroups in the SC might have some effect on the subject. In the PDP WT
however, the decisions was for the chair of the PPSC to al chair the Wt,
while the alternate chair covers the WG WT. Thus chairing the PDP Wt is
a function of you being chair of the PPSC.
> >
> > I just do not believe that having SCs or WGs by council members,
especially its leadership team is an accountable process and believe
that it cause conflicts of interests. There needs to be a separation
between the managers and those who are managed for there to be
accountability.
> >
> > a.
> >
> >
> >
>
>
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