Re: [registrars] RE: IMPORTANT - ICANN DNSO Registrar Constituency Voting

[Amadeu Abril i Abril <Amadeu@nominalia.com>]

Maryann McCormick wrote:
> 
> If I understand correctly there can only be one representative on the names
> council from any single "entity".  If Ken Stubbs and Bob Connelly were both
> elected from the Registrar Con. could they both be on the Names Council since
> they are bothe part of CORE?
> 
Maryann,

"Being member of" is not an incompatibility creiterion. Many NC membes will be
members of ISOC, or INTA or ITAA or ICC or the Red Corss, just to mention some
large membership associations. This also applies to CIRE. Rgree out of five
testbed registrars are related to CORE (CORE itself and two members, France
Telecom and MelbourneIT). Perhps you have alredy noticed that they are acting
independently, andhaving differnt pulci  attitudes regarding the tet itself.

Many of the nominees for our consituency are also relatd to CORE. Besides Ken
and Bob, Richard Lindsay, Clive Flory, Paul Stafura and myself do represnt
CORE members.

Eliminating all individual ICC or ISOC or CORE members would go far beyond
ICANN Btalws requeiremtns and also agaisnt any reasonable policy. What counts
is personal independence, so the creterion should not be "being a member of"
but as the bylaws rightly say: "No more than one officer, director or employee
of a corporation or other organization (including its subsidiaries and
affiliates) shall serve on the NC at any given time"  (Article VI-B.2.g).
Emokiyess are under the authority of the organsiation, while dirctors and/or
officers contirbute in ofmring their opinion.

Under this light, I disagree with Bob when he asumes that He and Ken could
hointly serve on the NC. Not beacuse they are both members, but bezcause they
are both members of the CORE's Exectutive Committee. This is not to say that
they should not boeht run: in case they were both to be elected, we should
then solve this incompatibility, as we will have in case we have two or more
people form the same region at the top of the list. And even someone couyld
disagree on my interpretation of the ICANN Byalwas, but I am afradi they are
pretty clear here. 

FYI, we have already had a similar, even if more complicatd case. Susan
Anthony was elected as one of the three NC reps by the IP consituency, as INTA
rep. Theesa Swinehart has been elected by the Business consituency. But both
of them work for MCI WordlCom, and, regardless of which organisation they were
suppsoed to represent, theyˇir joint presence in the NC is not acceptable. MCI
WOrldCom abd the respective Consituencies are now trying to find a solution
(ie: which one should be replaced).

In our case, Ken or Bob, could be jointly elected with nay of the other
nominees who also are working for/representing CORE members, as none of them
(none of us) are members of the Executive Committee, work for the Secretariat
or Chair any Working Group (and these are all kinds of CORE "offices"
accroding to its byalws).

Tgere is a final possible conflict: while I am not a CORE officer, I was
appointed by CORE to POC. This does not give me the same status as a CORE
officer or director, indeed but I have consulted ICANN board and councsel
about this point, and I am waiting for their anwser to see whether this would
create a conflict in case I was elected with Ken or Bob. (my opinion is that
it would not, but this is again irrelevant).

Best regards,

Amadeu