[PC-NCSG] Fwd: Vice Chair Position
Robin Gross
robin
Thu Jan 10 22:47:29 EET 2013
fyi
Begin forwarded message:
> From: Chris LaHatte <chris.lahatte at icann.org>
> Date: January 8, 2013 7:24:12 PM PST
> To: "Metalitz, Steven" <met at msk.com>,
> "'tonyarholmes at btinternet.com'" <tonyarholmes at btinternet.com>,
> "'marilynscade at hotmail.com'" <marilynscade at hotmail.com>, "'Rosette,
> Kristina'" <krosette at cov.com>
> Cc: "'Robin Gross (robin at ipjustice.org)'" <robin at ipjustice.org>,
> "'Avri Doria (avri at acm.org)'" <avri at acm.org>, "'Wendy Seltzer
> (wendy at seltzer.com)'" <wendy at seltzer.com>
> Subject: RE: Vice Chair Position
>
> Dear Steve
>
> Thank you for the reply and I am grateful that this has been
> raised. As I see this issue, you have responded by saying the
> sharing of the Vice Chair Position was to be revisited, with review
> after one rotation. The review did not happen however. I am not
> sure if the NCSG thought that this review was needed before the
> rotation however. It may be useful to have comment on that aspect.
>
> But we are in a position where the options are (not in any order of
> priority):-
>
> 1 Accept the arrangement to rotate, and let NCSG
> candidate, Wendy Seltzer, be put forward
> 2 Review the rotation after the election to see if
> is still appropriate to continue
> 3 Have an election between Wendy Seltzer and Brian
> Winterfeldt as to who will be put forward, and no longer use the
> rotation
>
> The rotation does appear to be an arrangement which gives each
> Stakeholder Group the ability to place a member as Vice Chair in
> alternate terms, spreading the interests and enabling equal shares
> in decision making. The Vice Chair is however still a member of a
> committee and does not have special power to overrule the others,
> but is just another voice, albeit with some ability to set an
> agenda and control a meeting when the vice chair is acting as the
> chair.
>
> We could set up telephone discussion-I am available at any time.
>
> Regards
>
>
> Chris LaHatte
> Ombudsman
> Blog https://omblog.icann.org/
> Facebook http://www.facebook.com/ICANNOmbudsman
> Webpage http://www.icann.org/en/help/ombudsman
>
>
> Confidentiality
> All matters brought before the Ombudsman shall be treated as
> confidential. The Ombudsman shall also take all reasonable steps
> necessary to preserve the privacy of, and to avoid harm to, those
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> Ombudsman.The Ombudsman shall only make inquiries about, or advise
> staff or Board members of the existence and identity of, a
> complainant in order to further the resolution of the complaint.
> The Ombudsman shall take all reasonable steps necessary to ensure
> that if staff and Board members are made aware of the existence and
> identity of a complainant, they agree to maintain the confidential
> nature of such information, except as necessary to further the
> resolution of a complaint
>
> From: Metalitz, Steven [mailto:met at msk.com]
> Sent: Wednesday, January 09, 2013 3:42 PM
> To: Chris LaHatte; 'tonyarholmes at btinternet.com';
> 'marilynscade at hotmail.com'; 'Rosette, Kristina'
> Cc: 'Robin Gross (robin at ipjustice.org)'; 'Avri Doria
> (avri at acm.org)'; 'Wendy Seltzer (wendy at seltzer.com)'
> Subject: RE: Vice Chair Position
>
> Hello Chris,
>
> I hope 2013 is off to a good start for you.
>
> Knowing how matters can slip off the table over the holidays, I
> wanted to make sure that you (and the addressees and cc?s) had
> received the message below. We are interested in knowing the
> response to our proposal. I?d welcome any suggestions you have for
> bringing this matter to resolution. Thanks!
>
> Steve Metalitz
> From: Metalitz, Steven
> Sent: Friday, December 21, 2012 4:05 PM
> To: 'Chris LaHatte'; tonyarholmes at btinternet.com;
> marilynscade at hotmail.com; 'Rosette, Kristina'
> Cc: Robin Gross (robin at ipjustice.org); Avri Doria (avri at acm.org);
> Wendy Seltzer (wendy at seltzer.com)
> Subject: RE: Vice Chair Position
>
> Dear Chris,
>
> I am responding to your message of Dec. 18 on behalf of the
> Commercial Stakeholder Group executive committee. I apologize for
> the delay in responding due to the impending holiday season in the US.
>
> CSG would be pleased to have your assistance in mediating this
> dispute.
>
> We believe the summary in your Dec. 18 message requires some
> modification. The ?turn and turn about? arrangement for nominating
> the GNSO Vice Chair from the Non-Contracted Parties House was
> reached at the end of 2010, and was explicitly made subject to a
> review after one rotation, i.e., in the run-up to the selection of
> a Vice Chair to begin service after the ICANN Annual Meeting in
> October 2012. This is all documented in the e-mail chain pasted
> below.
>
> That review did not occur. Instead, each SG nominated a
> candidate. The Commercial Stakeholder Group nominated Brian
> Winterfeldt. The Non-Commercial Stakeholder Group nominated Wendy
> Seltzer. No election has yet been held. (Wolf-Ulrich Knoben has
> graciously agreed to continue as Vice Chair on an interim basis
> even though his term has formally expired.)
>
> Our preference is that an election now be held between these two
> nominees, Brian and Wendy, to select the Vice Chair. There would
> be 13 voters in this election (the 6 GNSO councilors from CSG, the
> 6 GNSO councilors from NCSG, and the Nom Comm assignee to the
> NCPH), and a simple majority of 7 votes would be required for
> election. We think this would accurately reflect that the ?turn
> and turn about? arrangement has expired after two turns.
>
> We appreciate that the agreement between the SGs in 2010 did not
> address the circumstance in which the contemplated review of the
> arrangement had not occurred. We note that, if the arrangement
> were to be extended for another cycle, NCSG would have the
> preferential option to nominate a candidate this time, but that
> candidate would not be elected unless he or she obtained
> affirmative votes from 8 of the 13 electors.
>
> Finally, however the matter is resolved, we believe it would be
> essential to schedule a call in which the candidate or candidates
> would present their qualifications and plans to both stakeholder
> groups (and to the Nom Comm assignee), and would respond to
> questions, prior to a vote.
>
> Thank you again for your offer to mediate. Please let me know if
> we can provide further information or views, or otherwise expedite
> a fair resolution.
>
> Steve Metalitz, Vice President of IPC, on behalf of CSG Executive
> Committee
>
> Cc: Tony Holmes, ISPC chair
>
> Kristina Rosette, IPC President
>
> Marilyn Cade, BC chair
>
> E-mail correspondence re Vice Chair selection process
>
>
>
> From: Metalitz, Steven
> Sent: Tuesday, October 25, 2011 7:14 AM
> To: 'Robin Gross'
> Cc: Tony Holmes; Marilyn Cade
> Subject: RE: Election of GNSO council vice chair
>
>
>
> Thanks Robin. Per the agreement confirmed last January, we will
> review the process prior to the next election.
>
>
>
> Steve Metalitz
>
>
>
> From: Robin Gross [mailto:robin at ipjustice.org]
> Sent: Tuesday, October 25, 2011 5:49 AM
> To: Metalitz, Steven
> Cc: Tony Holmes; Marilyn Cade
> Subject: Re: Election of GNSO council vice chair
>
> Thank you for getting back to me, Steve. Since CSG would like to
> stick to the yearly rotation, we will support Wolf for VC, and then
> next year's VC will come from the NCSG, as we agreed.
>
>
>
> Thanks again,
>
> Robin
>
>
>
>
>
> On Oct 24, 2011, at 3:34 PM, Metalitz, Steven wrote:
>
>
>
> Hi Robin,
>
>
>
> Thanks for your note. We have considered this option but on
> balance we would like to keep to the agreement struck last year.
> Wolf is our CSG candidate and we think he should go through the
> election process as agreed. We believe he will do a good job for
> all parts of our non-contracted party house. I know he has reached
> out to the non-commercial side and will continue to do so. We also
> think Mary, who is clearly an asset to the entire council, has much
> to contribute in other important roles. Thanks.
>
>
>
> Steve Metalitz
>
> for the CSG Executive Committee
>
>
>
>
>
> From: Robin Gross [mailto:robin at ipjustice.org]
> Sent: Monday, October 24, 2011 10:21 AM
> To: Metalitz, Steven
> Subject: Re: Election of GNSO council vice chair
>
> Hello Steve,
>
>
>
> Thanks for the email. Given the dominance the contracted parties
> have historically had in the GNSO, and the need for the NCPH to
> help set the agenda in the GNSO, I'm sure you agree that it is most
> important to both our SG's that we have a VC who will be an
> effective advocate for the entire NCPH. Considering the excellent
> job Mary has done for the entire NCPH in this last year, would the
> CSG be willing to consider allowing her to stand for a 2nd term VC?
>
>
>
> I should note that we would be equally willing to consider
> supporting extending the term of a really good CSG councilor, in a
> subsequent year.
>
>
>
> I think it is in both our SG's interest to have the best VC that
> the NCPH can produce (from either SG), so I don't want us to get
> too bogged down in CSG candidate v. NCSG candidate thinking.
> Rather, let's think about what will best advance the interests of
> the entire NCPH, and a 2nd-year VC, when we've got an excellent
> advocate for both our SG's, will serve us both well (and the entire
> GNSO Council).
>
>
>
> What do you think? Can CSG consider Mary for a 2nd term? Next
> year we can return to the rotation and CSG can put forth a VC.
>
>
>
> Thank you again,
>
> Robin
>
>
>
> On Oct 23, 2011, at 7:25 PM, Metalitz, Steven wrote:
>
>
>
> Dear Robin,
> At the time that our Non-Contracted Parties House last selected a
> vice Chair of the GNSO Council, the NCSG proposed, and the CSG
> agreed, that at the next election, the SG whose candidate did not
> prevail would have the preferential option to nominate a candidate
> for vice chair. That nominee would undergo a vote (nominated
> candidate v. none of above) and, if the candidate received 8 or
> more votes, would be elected. If not, then the same process as
> used last time would be followed (nominations from both SGs, one or
> more round of voting, etc.). Please see below e-mail chain setting
> forth this agreement.
>
> In accordance with this, on behalf of the CSG executive committee,
> let me confirm that we have nominated Wolf-Ulrich Knoben as Vice
> Chair. May I suggest that you work with Marilyn Cade or Tony
> Holmes, who are onsite in Dakar, to arrange either for a meeting
> place, or for an e-mail ballot administered by the GNSO
> secretariat, in order to conduct an election between Wolf and none
> of the above before the GNSO council meeting on Wednesday.
>
> Thanks, and please let me know if any questions.
>
> Steve Metalitz
> For CSG Executive Committee
>
> -----Original Message-----
> From: Avri Doria [mailto:avri at acm.org]
> Sent: Monday, January 03, 2011 10:42 AM
> To: Metalitz, Steven; Glen de Saint Gery
> Subject: Re: Council vice chair was RE: [] Updated GNSO Council
> agenda for 13 January
>
> Hi,
>
> Just confirming there was no objection in the NCSG Policy committee
> to the CSG caveat.
>
> Glen: Please proceed with the vote at your convenience.
>
> thanks
>
> a.
>
> On 30 Dec 2010, at 10:03, Avri Doria wrote:
>
> > Hi,
> >
> > Steve, thanks for the reply. I do not expect there will be any
> problem accepting the CSG caveat, just want to give the NCSG Policy
> group a day to review it.
>
> >
> > Glen, I think planning on sending out the ballots on Monday, or
> whenever works out for you after that, should be fine.
>
> >
> > I will get back to you both, should there be any issue.
> >
> > Thanks to you both and wishes for a great 2011.
> >
> > a.
> >
> >
> >
> > On 30 Dec 2010, at 09:35, Metalitz, Steven wrote:
> >
> >> Avri,
> >>
> >> The process you propose below now has the support of all of CSG,
> with the caveat that we review the process after two iterations
> (i.e., before the election for the term beginning after the last
> ICANN meeting in 2012).
>
> >>
> >> By copy to Glen, and subject to Avri's confirmation on behalf of
> NCSG, I ask her to distribute ballots to the 13 council
> representatives from the CSG, NCSG, and NCA (Olga), to choose
> between the following candidates for vice chair:
>
> >>
> >> Wolf-Ulrich Knoben (CSG)
> >> Mary Wong (NCSG)
> >>
> >> I believe 7 calendar days would be an adequate time frame for
> ballots to be returned to Glen. If either candidate gets 8 votes,
> then that candidate is the winner. If not, the leader runs against
> none of the above in a second round. So if we do not have vice
> chair in place by the time of the 1/13 council meeting, we will be
> well on our way to doing so.
>
> >>
> >> Thanks to all for patience as we worked this through.
> >>
> >> And best wishes to all for a happy new year!
> >>
> >> Steve
> >> From: Avri Doria [mailto:avri at acm.org]
> >> Sent: Wednesday, December 29, 2010 2:22 PM
> >> To: Metalitz, Steven; Olga Cavalli
> >> Subject: Fwd: [] Updated GNSO Council agenda for 13 January
> >>
> >> Hi,,
> >>
> >>
> >> Begin forwarded message:
> >>
> >>> 9.1 Status of Vice Chair elections in the Non Contracted Party
> House.
> >>
> >> Hi,
> >>
> >> Where are we at?
> >>
> >> I know we agreed that Olga serves interim, and I think that is
> great.
> >>
> >> Is there any feedback on the NCSG suggestion that we just elect
> following the general practice that was used for the Chair election?
>
> >>
> >> I repeat it below.
> >>
> >> thanks
> >> a.
> >>
> >>
> >>> -----Original Message-----
> >>> From: Avri Doria [mailto:avri at acm.org]
> >>> Sent: Wednesday, December 08, 2010 6:15 PM
> >>> To: Metalitz, Steven
> >>> Cc: Marilyn Cade; Olga Cavalli; Holmes Tony
> >>> Subject: Re: update from the CSG side about progression toward
> >>> election process for V.Chair/House
> >>>
> >>> Hi,
> >>>
> >>> We certainly accept Olga remaining while we figure this out,
> which I
> >>> hope is soon, really soon.
> >>>
> >>> Yes, our candidate is Mary.
> >>>
> >>> I would like to counter propose.
> >>>
> >>> We follow the GCOT defined process for the chair. it is, in
> >>> diplomatic speak, agreed language and would allow us to be done
> with it.
> >>>
> >>> That means
> >>>
> >>> 1 candidate from each SG
> >>>
> >>> a. need 8 votes to win
> >>> b. if no one gets 8, person in the lead runs against none of the
> >>> above
> >>>
> >>> - From now on, we alternate with the SG who did not pick the
> >>> successful candidate, picking the v-chair candidate. They can
> pick
> >>> the person who is currently in the v-chair (assuming they are
> doing
> >>> a good job, and are really neutral), someone from their group, or
> >>> the NCA (don't assume they would pick someone from the other group
> >>> who wasn't already v-chair but they could)
> >>>
> >>> This person would still have to endure a vote:
> >>>
> >>> - chosen candidate vs. none of the above
> >>>
> >>> Takes 8 to win.
> >>>
> >>> I/we hate the idea of having to do this again, so I am hoping
> we can
> >>> find a way to just finalize this and move on. especially since we
> >>> have Olga filling the spot while we discuss this, the hurry
> probably
> >>> isn't as great.
> >>>
> >>> We accept that this does not prejudice the Board seat election,
> >>> though must say that the NCSG generally accepts staying with
> >>> accepted language, i.e. the same process as is already accepted
> for the chair.
> >>>
> >>> a.
> >>>
> >>
> >>
> >>
>
>
>
>
>
>
>
>
>
> IP JUSTICE
>
> Robin Gross, Executive Director
>
> 1192 Haight Street, San Francisco, CA 94117 USA
>
> p: +1-415-553-6261 f: +1-415-462-6451
>
> w: http://www.ipjustice.org e: robin at ipjustice.org
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> From: Chris LaHatte [mailto:chris.lahatte at icann.org]
> Sent: Tuesday, December 18, 2012 8:01 PM
> To: Metalitz, Steven; tonyarholmes at btinternet.com;
> marilynscade at hotmail.com
> Cc: Robin Gross (robin at ipjustice.org); Avri Doria (avri at acm.org);
> Wendy Seltzer (wendy at seltzer.com)
> Subject: Vice Chair Position
>
> Dear people
>
> I have been asked by the Policy Committee of the NCSG to discuss
> the issue of nomination of the vice-chair from the non-contracted
> parties house for the GNSO. I was specifically asked to see if I
> could mediate a solution, rather than an ombudsman investigation,
> because the NCSG values the working relationship, and does not want
> a more formal approach. So my first query is whether you are happy
> to mediate a solution to the issue, of why the turn for NCSG to put
> forward Wendy Seltzer as the nominee, has not been accepted. As I
> understand this, there has been an agreement, by an email exchange,
> between NCSG and CSG, that the nomination for vice-chair would be
> shared year and year about. However this has not been the case with
> the current nomination from NCSG for Wendy. The first question is
> whether this is just an oversight, or whether you do not agree that
> she should be nominated. If the latter, then I am available to
> mediate a solution, if that is the course which will resolve the
> issue, and if you accept mediation, I can set this up.
>
> Can you please let me know your thoughts?
>
> Regards
>
>
> Chris LaHatte
> Ombudsman
> Blog https://omblog.icann.org/
> Facebook http://www.facebook.com/ICANNOmbudsman
> Webpage http://www.icann.org/en/help/ombudsman
>
>
> Confidentiality
> All matters brought before the Ombudsman shall be treated as
> confidential. The Ombudsman shall also take all reasonable steps
> necessary to preserve the privacy of, and to avoid harm to, those
> parties not involved in the complaint being investigated by the
> Ombudsman.The Ombudsman shall only make inquiries about, or advise
> staff or Board members of the existence and identity of, a
> complainant in order to further the resolution of the complaint.
> The Ombudsman shall take all reasonable steps necessary to ensure
> that if staff and Board members are made aware of the existence and
> identity of a complainant, they agree to maintain the confidential
> nature of such information, except as necessary to further the
> resolution of a complaint
>
IP JUSTICE
Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA 94117 USA
p: +1-415-553-6261 f: +1-415-462-6451
w: http://www.ipjustice.org e: robin at ipjustice.org
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