[ga] Re: [ncdnhc-discuss] Board conflict of interest on .org

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

Alejandro and all,

  It is obvious given the mischaracterization of the first question you
ask that a legitimate and reasonable answer is not possible.  Your
second follow on question related to the first, is almost equally
mischaracterized to the extent of the first.  As such your second
question Alejandro defies a legitimate and reasonable answer
as well...

Alejandro Pisanty - DGSCA y FQ, UNAM wrote:

> Jonathan,
>
> in a case like the one at hand, what in your mind is the due process once
> Milton finds what he feels is a juicy piece of gossip? Can it be fair and
> can it be respectful of people as well as of rules?
>
> Yours,
>
> Alejandro Pisanty
>
> .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
>      Dr. Alejandro Pisanty
> Director General de Servicios de Computo Academico
> UNAM, Universidad Nacional Autonoma de Mexico
> Av. Universidad 3000, 04510 Mexico DF Mexico
> Tel. (+52-55) 5622-8541, 5622-8542 Fax 5550-8405
> http://www.dgsca.unam.mx
> *
> ** 10 Aniversario de Internet Society - www.inet2002.org en Washington, DC
> ---->> Unete a ISOC Mexico, www.isoc.org
>  Participa en ICANN, www.icann.org
> .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
>
> On Thu, 16 May 2002, Jonathan Weinberg wrote:
>
> >       Dave Crocker has asked that somebody parse the specific terms of the ICANN
> > COI rules; here goes.  A director has a "financial interest" if he, or his
> > spouse, has a "compensation arrangement with any entity whose business or
> > operation has been or will be directly affected by a decision or action of
> > the Corporation" (that is, ICANN).  Secs. 2.2 & 2.3.  If that financial
> > interest is "material," the Director is classed as an "Interested
> > Director."  Sec. 2.6.  Often, reasonable people can differ whether a
> > financial interest is material, so two provisions of the COI rules refer to
> > mechanisms for resolving that dispute.  First, with regard to any matter
> > pending before ICANN, each director must disclose to the Conflicts
> > Committee "any matter that could *reasonably be considered* to make him an
> > "Interested Director."  Sec. 5.2 (emphasis added).  In this case, thus, Rob
> > had an obligation to make disclosure to the committee (himself and Karl) so
> > long as a reasonable person could consider the interest deriving from his
> > spouse's Neulevel employment to be "material."
> >
> >       Second, with respect to any proposed transaction, contract, or arrangement
> > before ICANN, each director must disclose "any actual or possible conflicts
> > of interest."  Secs. 7.2 & 8.1.  Section 7.1 indicates that this
> > requirement applies only when the interest is material, but the reference
> > to "possible" conflicts suggests to me that the director must disclose
> > whenever, as in section 5.2, the interest could reasonably be considered to
> > be material.  Once the director makes the disclosure, then "the
> > disinterested members of the Conflicts Committee shall determine whether a
> > conflict of interest exists."  Sec. 7.3.
> >
> >
> > Jonathan Weinberg
> > weinberg@msen.com
> >
> > _______________________________________________
> > Discuss mailing list
> > Discuss@icann-ncc.org
> > http://www.icann-ncc.org/mailman/listinfo/discuss
> >
>
> _______________________________________________
> 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
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Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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