Charter revision procedures

Tue Jun 11 15:31:28 EEST 2019

Dear Remmy,

I did not accuse anyone of anything.  Nor did I assume you were accusing me of anything.  When a member states in an email on the public archived list,  as you stated in your email of June 08, 2019,
"Very unfortunate that some of us have blatantly refused to acknowledge others either because of their colours or a high-powered racism exist in NCSG.
How can some one who claim to chair a Committee sound as if there is no draft operation procedure in place even though you may not agree with it's content which should not amount to denial of efforts by colleagues."
It is my duty as the elected Chair of this organization to report the matter to the appropriate authority.  In this case, that is the Ombudsman.  The request was to investigate the complaint of racism, not to accuse you of anything or complain about you.  I am actually not quite clear on what you were saying in that message, but if you genuinely feel that you are being blocked in your efforts due to racism, then the matter clearly must be investigated.
I thought I had made that clear in my message to you at the time:
On Sat, Jun 8, 2019, 21:19 Stephanie Perrin <stephanie.perrin at mail.utoronto.ca<mailto:stephanie.perrin at mail.utoronto.ca>> wrote:

Remmy, I take allegations of racism very seriously, both personally and in my role as NCSG Chair.  I am asking the Ombudsman to investigate this claim.  I am not going to discuss the many issues which you raise in this email because of that.  I will however, try again to provide further information about the procedures to follow in amending the Charter, in a later email.

We are in the middle of an election, and I think it is most unfortunate that the tone of the campaign is as you, a candidate, have indicated below.

Kind regards

Stephanie Perrin

Now may I please request that we stop discussing this on the public list, and permit the Ombudsman to investigate.
Stephanie Perrin
On 2019-06-11 12:11, Remmy Nweke wrote:
Good evening Madam Chair,
It baffles me that you have decided to own what you called an "accusation." You may go back to read my notes again and owing that you have taken the matter to Ombudsman, I should have expected that you caution your foot soldiers whether commissioned or not to chill.

In reading my notes again be kind to check if there is anywhere your name was mention as claimed and if not why are you so particular about them. You reported to Ombudsman, and I commended you. So why not wait until that aspect is resolved and move on with other activities of NCSG.

Enjoy your evening madam chair
Remmy Nweke

The above was my response to Stephanie claims as at yesterday night, unfortunately I did not know why it was not delivered, but just read Amr.

Dear Amr,
For the avoidance of doubt and to put the record straight. I did not call her any of those names you chose them and she accepted same. So good luck.

You may not like my style of response.
 Fine, let's allow the Ombudsman to do his job with hope he will do a thorough job despite coming from Canada.

And you may like too to read my notes again before your conclusion. I do not have any issues with Stephanie or anyone including you, but if you want to rub it in. Good luck.

I have also decided not to respond to this trend outside to put the records straight.

Thanks for your kind understanding.
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On Mon, Jun 10, 2019 at 3:51 PM Stephanie Perrin <stephanie.perrin at mail.utoronto.ca<mailto:stephanie.perrin at mail.utoronto.ca>> wrote:

As I mentioned, given there is an investigation going on and you continue to allege that I am acting with prejudice, I will not deal with these matters on the list.

You are very welcome to your own interpretation of the Charter.

Kind regards,

Stephanie

On 2019-06-10 04:17, Remmy Nweke wrote:
Good morning chair
I will answer you in line if don't mind. See below.

On Sat, Jun 8, 2019, 21:40 Stephanie Perrin <stephanie.perrin at mail.utoronto.ca<mailto:stephanie.perrin at mail.utoronto.ca>> wrote:

The NCSG Charter can be found here:

https://gnso.icann.org/sites/default/files/filefield_25801/ncsg-charter-05may11-en.pdf

The section dealing with Charter revision appears below.

5.0 Amendments to the NCSG Charter.Proposals to amend this charter may be submitted by five (5) percent of the then-‐current members eligible to vote, based on the weighted voting as defined in section 4.0. Proposals may also be put forward by the NCSG-‐EC or the ICANN Board of Directors or one of the Board's committees.

p.23Amendments proposed by the NCSG members or the NCSG-‐EC will only take effect after there has been a membership review, approval by 60% vote of NCSG members using the weighted voting defined in section 4.0 and final review/approval by the ICANN Board of Directors. Amendments proposed and approved by the ICANN Board of Directors or one of its Committees will only take effect after membership review and approval by 60% vote of the NCSG members using the weighted voting defined in section 4.0. The ICANN Board may require proposed amendments to be posted for public comment prior to taking its decision on the proposal.

My interpretation of this language is as follows:

1.  Individuals wishing to amend the Charter need to submit proposals for revision (i.e.text of the proposed new articles) supported by 5% of the  members eligible to vote.

By mere fact that the proposal needs 5% of the members eligible to vote means ordinarily ithe proposal should be put to vote in first instance.

2.  The NCSG EC may also submit proposals, and the ICANN Board of Directors or one of the Board's committees may also submit proposals.

The proposal was for your EC to take up not a throwback or ringmarolling exercise.

3. Amendments proposed by the NCSG, either a group of 5% of the members, or the NCSG -EC, will go to a vote of the membership.  As such, they would need to be precisely drafted and explained well to the membership.

What do you mean by precisely drafted? You may never get that until it has taken the cause of public comment and inputs from members to be even near properly drafted as its subject to tweaking by ICANN board etc.

4.  If 60% of the membership support the amendments, then the proposed amendments to the the ICANN Board for approval, and potentially for public comment.

That is after the initial voting and exercises must have been concluded ma.

If those who were active in the drafting of the Charter believe I have misinterpreted this matter, do please jump in and let me know.  As the Chair of the NCSG-EC, I am of course happy to receive requests for drafted amendments to be put to the vote, if supported by the 5% required in the case of Indivual member requests.

Interpretation of individual to seek the 5% will lead to balkanisation of the process which is not even good for the EC or good governance of NCSG.

Above all the least madam chair should do is to take it to EC, schedule a date for review. I had requested simply that you put this in your next tenure agenda if really you want to help NCSG to kick start the process but was rebuffed.

I am not unaware of the process having done charter review previously including that of ISOC rebirth in Nigeria and NPOC and Nigeria internet Registration Association among others.

If we continue looking for excuses the problem will persist beyond many years to come.
May be revisiting my initial proposal without any prejudice whatsoever will help us move to the next level.

Nice day
Remmy Nweke

Kind regards

Stephanie Perrin

NCSG Chair

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