- To: "babybows.com" <webmaster@babybows.com>
- Subject: Re: [ga-ext] Re: 2001-2002 Budget
- From: "William S. Lovell" <wsl@cerebalaw.com>
- Date: Sat, 12 May 2001 21:28:53 -0700
- References: <NDBBJHDDILJHEHGGGCCEKEDFCKAA.webmaster@babybows.com>
"babybows.com" wrote:
> "This is a draft that crept out, the way things creep out," said Stuart
> Lynn, chief executive of ICANN. "The proposed budget is not being posted
> yet. It's a working draft of a committee that we've been working on for four
> months...Someone let it out, and of course everybody gets all involved with
> it. It's kind of premature."
> http://news.cnet.com/news/0-1005-200-5902622.html?tag=lh
>From the article just cited:
______
The preliminary budget was posted last week to a restricted mailing list
for accredited registrars of the Domain Name Supporting Organization
(DNSO). The DNSO advises the ICANN's board on policy issues
relating to the domain name system.
______
And this from the Bylaws:
______
ARTICLE III: TRANSPARENCY AND PROCEDURES
Section 1. GENERAL
The Corporation and its subordinate entities shall operate to the
maximum extent feasible in an open and transparent manner and
consistent with procedures designed to ensure fairness.
_______
How are these two to be reconciled? The use of a "working draft"
can easily be understood with respect to those working on a budget,
but how is it that only "accredited registrars" have any input on the
budget?
The "Finance Committee" responsible for budget preparation was
formed by the Resolution shown at
http://www.icann.org/minutes/prelim-report-13dec00.htm
and lists its members as follows:
" . . . that Linda Wilson be, and hereby is, appointed chair of the
Finance Committee, and that Jonathan Cohen, Helmut Schink, and
Ivan Moura Campos are appointed members of the Finance Committee."
What the Bylaws say about preparing the budget is this:
______
Section 6. CHIEF FINANCIAL OFFICER
The Chief Financial Officer ("CFO") shall be the chief financial officer
of the Corporation. If required by the Board, the CFO shall give a
bond for the faithful discharge of his or her duties in such form and with
such surety or sureties as the Board shall determine. The CFO shall
have charge and custody of all the funds of the Corporation and shall
keep or cause to be kept, in books belonging to the Corporation, full
and accurate amounts of all receipts and disbursements, and shall deposit
all money and other valuable effects in the name of the Corporation in
such depositories as may be designated for that purpose by the Board.
The CFO shall disburse the funds of the Corporation as may be ordered
by the Board or the President and, whenever requested by them, shall
deliver to the Board and the President an account of all his or her
transactions as CFO and of the financial condition of the Corporation.
The CFO shall be responsible for the Corporation's financial planning
and forecasting and shall assist the President in the preparation of the
Corporation's annual budget. The CFO shall coordinate and oversee
the Corporation's funding, including any audits or other reviews of the
Corporation or its Supporting Organizations. The CFO shall be
responsible for all other matters relating to the financial operation of the
Corporation.
______
And Article XI describes the preparation of the budget as follows:
______
Section 4. ANNUAL BUDGET
The President shall prepare and, at least forty-five (45) days prior to the
commencement of each fiscal year, submit to the Board, a proposed
annual budget of the Corporation for the next fiscal year. The proposed
budget shall identify anticipated revenue sources and levels and shall, to
the extent practical, identify anticipated material expense items by line
item. The Board shall adopt an annual budget and shall publish the
adopted Budget on the Web Site.
______
Since the dollars drive the action, it would appear just from this comparison
that the "accredited registrars" run ICANN. Wherein would this conclusion
be incorrect? Perhaps one or more of the above listed members of the
Finance Committee would like to explain all of this to the rest of us, pursuant
to the above-cited Article III, Section 1, of the Bylaws. I don't think that
provision means that things will be posted only after they are a done deal.
Bill Lovell