[ga] Re: [ncdnhc-discuss] Board Positions on .ORG

[Jeff Williams <jwkckid1@ix.netcom.com>]

Karl and all,

Karl Auerbach wrote:

> On Tue, 2 Apr 2002, Alejandro Pisanty - DGSCA y FQ, UNAM wrote:
>
> > you are getting weirder and weirder by the minute. If the Board takes up
> > input it's wrong too now?
>
> This was an instance when the DNSO actually did its job and came up with a
> thoughtful recommendation.  The recommendation by the Names Council may be
> seen at: http://www.dnso.org/dnso/notes/20020205.NCdotorg-to-ICANN.html
> And the actual text of the material endorsed by the Names Council may be
> seen at: http://www.dnso.org/dnso/notes/20020117.NCdotorg-report.html
>
> ICANN's bylaws obligate the board to follow supporting organization
> recommendations unless the board finds that certain conditions exist.

  As you indicate here Karl, I along with quite number of other stakeholders
and active participants are sometimes at a loss as to what Alejandro
is sometimes reading when he makes the remarks (See above) to
which you are in part responding to here.  Indeed it seems evident
that the BoD has yet again demonstrated that it either does not
know and understand it's own Bylaws, or purposefully refuses to
abide by them.  This has been one of many times that such decisions
from the BoD have been less than adequate.

>
>
> There was, in fact a DNSO recommendation.  And the board did not find that
> that recommendation fell short of any of the requirements of Article VI
> Section 2(e).  Nor were the procedures of Article VI Section 2(f)
> followed.
>
> I consider myself to have erred by not recognizing this (particularly as
> this same question was the topic of my request for reconsideration of
> November 17, 1999 -
> http://www.icann.org/committees/reconsideration/auerbach-request-17nov99.htm
> - and is (was?) pending before the Independent Review panel).
>
> Why the resolution was drafted in the way it was - referencing, but not
> adopting, the DNSO recommendation, and instead substituting a weaker
> formulation and allowing staff discretion over matters already decided by
> the DNSO - is a mystery.  But given that the draft resolution appeared
> less than six hours before the start of the board meeting there was no
> time to make more than the most cursory of inquiries.

  11th hour resolutions and changes in ICANN meeting agenda's seem
to be the norm for this BOD and staff unfortunately.  Hell of a way
to run a railroad if you ask me...  :(

>
>
>                 --karl--
>
> ARTICLE VI: SUPPORTING ORGANIZATIONS ...
>
> Section 2. RESPONSIBILITIES AND POWERS ...
>
> (e) Subject to the provisions of Article III, Section 3, the Board shall
> accept the recommendations of a Supporting Organization if the Board finds
> that the recommended policy (1) furthers the purposes of, and is in the
> best interest of, the Corporation; (2) is consistent with the Articles and
> Bylaws; (3) was arrived at through fair and open processes (including
> participation by representatives of other Supporting Organizations if
> requested); and (4) is not reasonably opposed by any other Supporting
> Organization. ...
>
> (f) If the Board declines to accept any recommendation of a Supporting
> Organization, it shall return the recommendation to the Supporting
> Organization for further consideration, along with a statement of the
> reasons it declines to accept the recommendation. If, after reasonable
> efforts, the Board does not receive a recommendation from the Supporting
> Organization that it finds meets the standards of Section 2(e) of this
> Article VI or, after attempting to mediate any disputes or disagreements
> between Supporting Organizations, receives conflicting recommendations
> from Supporting Organizations, and the Board finds there is a
> justification for prompt action, the Board may initiate, amend or modify
> and then approve a specific policy recommendation.
>
> _______________________________________________
> Discuss mailing list
> Discuss@icann-ncc.org
> http://www.icann-ncc.org/mailman/listinfo/discuss

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 121k members/stakeholdes strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-244-3801 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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