<<<
Chronological Index
>>> <<<
Thread Index
>>>
Proposed bylaws revision will not solve the problems
- To: recon-bylaws-revision@xxxxxxxxx
- Subject: Proposed bylaws revision will not solve the problems
- From: "Edward Hasbrouck" <edward@xxxxxxxxxxxxx>
- Date: Thu, 08 Jan 2009 11:36:34 -0800
The main problems with the Reconsideration Committee are that:
(1) The Reconsideration Committee has never held a public meeting or
provided public notice of any of its meetings, although it would have been
feasible to do so and although I had repeatedly and specifically requested
notice of any meetings at which matters in which I had an interest would
be considered. This has been in flagrant violation of ICANN's Bylaws on
transparency, which require that, "ICANN and its constituent bodies shall
operate to the maximum extent feasible in an open and transparent manner
and consistent with procedures designed to ensure fairness."
(2) The Reconsideration Committee has publicly stated that the basis of
one of its decisions was information provided by the Ombudsman, none of
which was or is available in any public written record. This was and is
in blatant violation of ICANN's Bylaws, which require that, "The
Reconsideration Committee shall act on a Reconsideration Request on the
basis of the public written record."
(If true, this also indicates a clear violation by the person acting as
Ombudsman -- who has never been appointed by the Board, as would be
required by the Bylaws -- of the Bylaw requiring the Ombudsman to maintain
the confidentiality of those who seek the Ombudsman's assistance.)
I have discussed these and other problems with the reconsideration
Committee in more detail and with links to the underlying documents at:
http://hasbrouck.org/blog/archives/001196.html
http://hasbrouck.org/blog/archives/001192.html
(3) Neither ICANN's Board of Directors as a whole, nor any other ICANN
body or external oversight body, has held the Reconsideration Committee
accountable for these violations of ICANN's Bylaws. I have brought this
complaint to ICANN's attention, without reply:
http://forum.icann.org/lists/transparency-2007/msg00003.html
The proposed revisions to the Bylaws will do nothing to address these
problems. Instead, the Board should deal with the real problems.
I reiterate my demand that the Board fulfill its responsibility to compel
the Reconsideration Committee to act in accordance with the Bylaws,
including those on transparency and on the basis for its decisions, and
that the Board fulfill its mandate to appoint an Ombudsman, designate an
Independent Review Provider, develop procedures for independent review,
and consider the backlog of outstanding requests for independent review,
in accordance with the procedural rules in the Bylaws for such decisions.
Sincerely,
Edward Hasbrouck
----------------
Edward Hasbrouck
<edward@xxxxxxxxxxxxx>
<http://hasbrouck.org>
+1-415-824-0214
<<<
Chronological Index
>>> <<<
Thread Index
>>>
|