[ALAC] Fwd: R: Confidentiality

Rinalia Abdul Rahim rinalia.abdulrahim at gmail.com
Wed Jan 22 06:33:57 UTC 2014 

Thanks, Alan.

Where the RoP is silent is where attention is required.

Best regards,

Rinalia




On Wed, Jan 22, 2014 at 2:07 PM, Alan Greenberg <alan.greenberg at mcgill.ca>wrote:

> Again, based on knowledge of the RoP, here is my take on these issues.
>
> There are a number of reasons that a voter might be replaced. Being a
> candidate is the most obvious, but others include a single person holding
> two votes (as an ALAC member and RALO Chair), or a person who for some
> reason cannot participate (illness, for example), or an vacant ALAC seat.
>
> In all such places (including replacing a NomCom appointee to the ALAC),
> the RALO may identify a replacement "by a vote of the RALO according to its
> rules" (to quote the ALAC Rules of Procedure). The process by which
> candidates to fill this role are identified is purely up to the RALO, but
> the formal decision to put someone in a voter role must be by a vote of the
> RALO's ALSes.
>
> Regarding the BCEC, the rules are explicit about no member of the
> electorate being a member of the BCEC. If a member of the BCEC were to
> become a RALO Chair while on the BCEC, I would guess that the addition to
> the RoP that the ALAC decided to enact in Buenos AIres - speficially to
> handle the situationh where a Chair was unavailable to vote, the RALO would
> have to identify a replacement. But hopefully we will not put ourselves
> into such an awkward position.
>
> The RoP are silent on the timing. Clearly it must be done prior to the
> vote commencing, and I would guess that if a RALO had to take such
> replacement action, they should do it in the same time-frame as they have
> to identify additional slate candidates.
>
> Overall, the RALO has a fair amount of discretion with regard to deciding
> the details of the processes for replacements.
>
> Alan
>
>
> At 21/01/2014 07:17 PM, Rinalia Abdul Rahim wrote:
>
>> 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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