[ALAC] Fwd: R: Confidentiality

Wed Jan 22 00:17:22 UTC 2014

Dear Tijani,

Excellent explanation.

There is one level of complexity that the electorate may benefit from
having further clarity on.

In the event that current ALAC members apply for the Board Seat 15 position
and are included in the slate of candidates, replacement voters will need
to be sought as per the ALAC RoP.

Questions that can help provide clarity, especially for newcomers:

1. What is the process for replacing voters in the electorate?
2. Who is responsible for choosing the replacement voters?
3. Are there criteria for selecting the replacement ALAC voters (eg., same
RALO, trusted by the RALO if the person being replaced is elected, what
about nomcom appointees?, etc)?
4. In the event that RALO Chairs are in the BCEC and are thus not allowed
to vote, what process should be followed to select the replacement voter?
What would be the criteria?
5. When in the elections timeline should the ALAC and RALOs have the
replacements in place so that they can benefit from
discussions/consultations about candidates before votes are cast?

Best regards,

Rinalia
On Jan 22, 2014 12:31 AM, <tijani.benjemaa at topnet.tn> wrote:

> Dear all,
>
> Sorry to react late : I was in the plan and just arrived.
>
> Thank you Alan for your precious input.
>
> As the Chair of the BMSPC (in charge of the process), I want to make
> things very clear:
>
> - Since the BCEC couldn't get the 360 report (I know it's not called 360
> anymore) on time, the voters who will sign a confidentiality document will
> have access to that report
>
> - The electorate is composed of the 15 ALAC members plus the 5 RALO
> chairs; Those people are the voters
>
> - The 15 ALAC members are not to consult with the ALSes; Although they
> represent their RALO in ALAC, they vote on their own behalf.
>
> - Only the 5 RALO chairs may give a directed vote (directed by the members
> of the RALO, means the ALSes). This is a decision of the RALO.
>
> - In this later case,  the RALO Chair doesn't have to share the 360 report
> with the members of the RALO. You will ask me how they will direct the vote
> of their chai without having this information. They will give their opinion
> without having the information of the 360 report; I know it's infortunate,
> but we wouldn't be in this situation if the Board provided the report
> earlier, before the BCEC issues the slate.
>
> - All this concerns only the current occupant of the seat 15 on the Board
> who is Sebastien Bachollet if he applies for a second term. So none of the
> other candidate are concerned
>
> I hope this clarify the situation. If there is still confusion, please
> don't hesitate to share it on this list so all the list membersthat will
> receive it, as well as our clarification (Olivier, Alan and myself).
>
> Tijani
>
>
>
>
> On mar 21/01/14  4:00 , Alan Greenberg <alan.greenberg at mcgill.ca> wrote:
>
> > A couple of comments on all of the comments
> > below, from the perspective of one of the
> > designers of the selection process and the person
> > who drafted the current rules of procedure (with
> > the details of the content being decided by a far wider group).
> >
> > - When we talk about the "electorate", it should
> > be just that and not go into detail. Although the
> > generic form of the electorate is the ALAC plus
> > RALO chairs, it is quite possible that some of
> > these may be replaced for the purposes of the votes.
> >
> > - Although we expect there to be significant ALS
> > consultation, the majority of the voters
> > ultimately have to exercise their own judgement,
> > so although not being able to share the contents
> > of the assessment is perhaps unfortunate, it is
> > perhaps not crucial. The exception is for RALOs
> > that may decide to have the ALSs direct the vote
> > of their Chair. In that case, I don't have an easy way out.
> >
> > - I am confused and troubled by the comments in
> > Roberto's message about disclosing confidential
> > references to the BCEC. These references were
> > requested with the understanding that they were
> > to be confidential. I would have a LOT of trouble
> > making them public, or even asking a referee if
> > they were willing to have their input made
> > public. This is simply not the kind of thing that should be done
> > mid-stream.
> >
> > - To Leon's first two points, there is only one
> > possible candidate being referred to here, and
> > that is the current Seat 15 holder, if he should choose to run again.
> >
> > - On Leon's last point, these votes are
> > completely confidential, and how a elector votes
> > will not be made public (just as is the case with
> > all ALAC-related votes on individuals).
> >
> > Alan
> >
> > >Dear Olivier,
> > >
> > >Thanks for this update. I also agree that an
> > >informed voter is better than an uninformed one.
> > >Therefore I too agree with signing a
> > >confidentiality agreement in order to be able to
> > >receive the information related to the candidates for the Board.
> > >
> > >Now, on the questions side. How will we be able
> > >to comment on the candidates with the ALSs on
> > >our region and orient our vote if we are indeed
> > >under a confidentiality agreement?
> > >
> > >I can see some alternatives in order to avoid breaching the agreement:
> > >
> > >1.- Comment on the candidates virtues without
> > >telling the name of the candidate.
> > >
> > >2.- Letting ALSs know the list of persons postulated and asking for
> > feedback.
> > >
> > >3.- Asking the ALSs to blindly trust on our
> > >judgement and once the election ends, be open to
> > >comment on the decision by each voter.
> > >
> >
> > >
> > >
> > >All the best,
> > >
> > >
> > >
> >
> > >
> >
> > >
> > > > Dear all,
> > > >
> > > > following up on Roberto's message below and to summarise the status
> > so far:
> > > >
> > > > The Board Governance Committee (BGC) who run the 360 reviews on
> > current
> > > > Board members whose term is due to expire will not be able to provide
> > > > its report to the BCEC in time before the BCEC selects its slate of
> > > > candidates.
> > > >
> > > > The results of the review of our current Board member will therefore
> > > > need to be shared amongst a wider set of people, very likely to be
> > the
> > > > complete electorate - hence the ALAC members 'ALAC Working List'
> > > >> *Oggetto:* Confidentiality
> > > >>
> > > >>
> > > >>
> > > >> I was trying unsuccessfully to ask for the floor after the comments
> > from
> > > >> Tijani and Alan, maybe my line was muted, then I had to go back to
> > my
> > > >> meeting, where I am right now.
> > > >>
> > > >> I would like to go on record saying that:
> > > >>
> >
> > > >> we had discussed and agreed in Buenos Aires our common position. The
> > > >> wider the number of people that have access to a piece of
> > information,
> > > >> the higher the risk that we have leaking data, and from that on the
> > step
> > > >> to the information being public is very small.
> > > >>
> >
> > > >> have consulted with the NomCom Chair and with ICANN General Counsel
> > and
> > > >> then decided to require the non-disclosure to be signed by all,
> > before
> > > >> giving access to confidential material.
> > > >>
> >
> > > >> evaluation by the voters, although being a theoretically valid
> > question,
> > > >> brings as a corollary the question on why should the voters also not
> > > >> have access to the reference letters for all candidates. You see
> > that,
> > > >> step by step, we can undermine completely the confidentiality, and
> > > >> therefore the trust in the process.
> > > >>
> >
> > > >> would strongly recommend, if you do so, to at least require a
> > > >> non-disclosure similar to the one that BCEC members have signed. I
> > would
> > > >> also encourage you to look for advice by General Counsel.
> > > >>
> >
> > > >> information with the regional voters is in open violation of the
> > > >> confidentiality agreement signed by BCEC members.
> > > >>
> > > >> Thanks,
> > > >>
> > > >> Roberto
> > > >>
> > > >>
> > > >>
> > > >>
> > > >>
> > > >> _______________________________________________
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> > >
> >
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> > AC[3])
> > > >>
> > > >
> > > > --
> >
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> > > >
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