[At-Large] [NA-Discuss] Results of the Voting for ALAC Nominating Committee 2008 Appointments

[Nick Ashton-Hart]

Thanks for your note Evan - please see below.

On 28 Sep 2007, at 11:48, Evan Leibovitch wrote:

> Nick Ashton-Hart wrote:
>> you are correct that it is not dictated by the Bylaws - however, as
>> the Bylaws are silent on this point the Bylaws clearly do not prevent
>> the ALAC from voting in the manner they have chosen to follow,  
>> either.
> So, because the bylaws don't mandate transparency, it's not to be
> considered (let alone advocated)?
>

I note that I didn't say that, and as a result I didn't mean that,  
either.

The staff do not decide what the members of the ALAC vote about. We  
provide the tools to ensure that voting is carried out in an orderly  
way which is not subject to inherent flaws. We do have a duty to  
ensure that to the extent possible the process devised is not  
abusive, untransparent, or not in conformity with the Bylaws of ICANN  
but we cannot dictate to the ALAC, for example,

> There is clearly a gap between doing the minimum necessary and doing
> what is right. Fixing the ICANN bylaws to add transparency (that it
> claims to want) is one thing; asking for basic accountability and
> transparency within our own constituency -- even when not demanded by
> the bylaws -- is far more straightforward, and IMO quite reasonable.
>
> The Bylaws may offer a legal crutch but they sure don't offer an  
> ethical
> one, especially if ICANN wants any credibility in its stated desire to
> be more transparent. Or does it speak one way but act another by  
> design?
>

The staff have not acted in any way improperly and I object to any  
characterisation of the staff role in this as untransparent.

The page showing the Nomcom Appointees for 2008 has been publicly  
listed on the ALAC working wiki for some time.  Who the ALAC were  
going to vote on was listed at that page and anyone in the community  
could look at it.

The wiki environment itself - with the ability of each region, and of  
the ALAC, to post its activities and intended courses of action, was  
setup by staff to facilitate community transparency. The fact that  
all agendas of ALAC are public, that recordings and transcripts are  
available, is also very transparent. Votes are published as you see,  
with a link to facilitate independent verification.

If you have an issue with the choices which were made then the ALAC  
members are where you should focus your questions. It is the  
responsibility of the community to elect its leaders. It is likewise  
those leaders' responsibility to execute their responsibilities  
openly and congruent with those that chose them. The staff is not  
responsible for the choices made by your leaders, or for your choices  
in who you choose to lead you.

> Is it staff practice not to itself be transparent -- and to recommend
> against transparency and accountability in internal procedures --  
> unless
> the bylaws absolutely and specifically demand it? Is doing the  
> absolute
> minimum necessary Standard Operating Procedure?

Again, this is objectionable,  inaccurate, and actually insulting. It  
would be appreciated if comments could be kept factual, and accurate.  
If you object to the choices made by the representatives on the ALAC,  
you should ask them about their choices, not come and blame the  
staff. It is both a defocus and frankly unhelpful. I have never  
recommended untransparent actions - ask the ALAC; they'll likely tell  
you I can be a bit irritating in always suggesting that the community  
err on the side of more transparency, rather than less.

-- 
Regards,

Nick Ashton-Hart
USA Tel: +1 (202) 657-5460
Fax: +41 (22) 595 85 44
mobile: +41 (79) 595 54 68
email: nashton at consensus.pro
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Skype: nashtonhart
Online Bio:   https://www.linkedin.com/in/ashtonhart





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