Re: [council] Re:

[Nigel Roberts <nigel@nic.gg>]

Regrettably (being one of the people who have signed Carl Bildt's
nomination)
I agree with Joe's analysis.


Nigel Roberts
nigel@nic.gg			http://www.nic.gg

Joe Sims wrote:
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> Dennis:
> 
> The relevant language from the bylaws is as follows:
> 
> "Notwithstanding anything herein to the contrary, no official of a national
> government or a multinational entity established by treaty or other
> agreement between national governments may serve as a Director. As used
> herein, the term "official" means a person (a) who holds an elective
> governmental office or (b) who is employed by such government or
> multinational entity and whose primary function with such government or
> entity is to develop or influence governmental or public policies."
> [Article V, Sec. 5]
> 
> Thus, there are two questions:  is a paid UN Special Envoy "employed by"
> the UN; and is Mr. Bildt's position one whose "primary function is to
> develop or influence governmental or public policies?"
> 
> After consulting internally, and thinking this through, I think the answer
> to both is yes.  A consultant is a temporary employee, hired to do a
> specific task.  Section 5 was intended to prevent service on the Board by
> governments or multinational bodies or their representatives; the proviso
> was intended to not exclude, for example, an academic who was a professor
> at a state-owned university, or (albeit a government employee) was
> primarily a technical, not a policy, person.  Thus, without debating the
> wisdom of this language, as written I would interpret Section 5 to cover a
> UN Special Envoy, as that position was explained by Mr. Bildt.
> 
> On the second point, without knowing exactly what Mr. Bildt's charge is, I
> have to assume that his role is to develop or influence policy.  In any
> event, it certainly is not technical, which was the intended exclusion.
> 
> Thus, my opinion is that Mr. Bildt currently is not eligible, under this
> provision, to serve as a Director.  While in fact he might well be a
> splendid addition to the Board, and would certainly bring a unique
> perspective, it does not appear that he is currently able to serve.
> 
> Please feel free to let me know if you see a flaw in this reasoning or have
> other questions.
> 
> 
>  (Embedded
>  image moved   Dennis Jennings <Dennis.Jennings@ucd.ie>
>  to file:      10/05/99 04:29 PM
>  pic12773.pcx)
> 
> 
> Extension:
> 
> To:   "Joe Sims (E-mail)" <Joe_Sims@jonesday.com>
> cc:   "Andrew McLaughlin (E-mail)" <mclaughlin@pobox.com>, "Dennis Jennings
>       (E-mail)" <dennis.jennings@ucd.ie>,
>       "'carl@bildt.net'"<carl@bildt.net> (bcc: Joe Sims/JonesDay)
> Subject:
> 
> Joe,
> 
> I wonder could you assist me.
> 
> Some Names Council people have raised a query on the eligibility of Carl
> Bildt for election to the ICANN Board, given his previous government
> activities and his current relationship with the UN.
> 
> To clarify - Carl has retired from politics and is no longer a Swedish
> politician.  Carl is a consultant under a short term contract with the UN.
>  This will end later this year - but may be followed by further short term
> consultant contracts.
> 
> As I read the ICANN By Laws, there is nothing to exclude ex-politicians who
> are consultants to the UN (not employees of the UN).
> 
> Is this reading correct ?  Please advise.
> 
> Many thanks
> Dennis
> 
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