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RE: [council] FW: $5,000 payment



Elisabeth,

You e-mail begs a number of questions about the Secretariat, its location, etc. 
which I won't address here, but which should not be assumed until they have 
been discussed by the Names Council.  A key question, for example, is whether 
you and AFNIC might be willing to continue to provide the Secretariat and at 
what cost ?

More importantly, I believe, you are wrong in suggesting that a DNSO legal 
structure is needed (or indeed desirable).  The DNSO is a part of ICANN, and 
the legal entity is ICANN, and any invoicing or receipt of funds should be 
handled by ICANN.  To do otherwise would require a legal structure for the DNSO 
itself (as you suggest) and this is something I believe that we definitely do 
not want under any circumstances as this would create the DNSO as a separate 
legal entity from ICANN and create issues concerning the relationship with 
ICANN.  This is something that was fought out and, I believe, dealt with when 
the DNSO was formed.

Otherwise, you are right, of course, we need mechanisms for all these 
activities - and these need to be discussed with Andrew and Louis.

This is a topic for the next Names Council teleconference.

Thanks
Dennis

--------------------------------
Dennis Jennings
Dennis.Jennings@ucd.ie
Phone:  +353 87 220 8225 (Mobile)
Fax:  +353 1 495 1324

On Sunday, November 14, 1999 11:33 AM, Elisabeth Porteneuve 
[SMTP:Elisabeth.Porteneuve@cetp.ipsl.fr] wrote:
>
> Caroline and Andrew,
>
> Andrew informed me he and Louis Touton will be in Paris on
> November 19th (next Friday), therefore I propose I use the opportunity
> of their business travel to Paris to meet with them and discuss
> how to set up from a legal point of view the DNSO Secretariat.
> I belive it is slightly more complicated that what your email
> suggests, but still very simple.
>
> The Bylaws states that the DNSO shall cover its own expenses.
>
> Once the DNSO have a budget, we need the legal structure
> able to do the following:
>    - emit the invoices for the Secretariat work in France
>      and receive checks (manpower cost)
>    - emit the invoices for the Secretariat expenses
>      (telephone, teleconferences, anything material, ...)
>    - reimbource ICANN or Berkman Center (or anybody else) for
>      services provided by them (webcasting, physical meetings, ... etc)
> I believe that we need not only the ICANN ability to emit checks
> but ensure that the Secretariat may emit invoices and perceive checks.
>
> I am preparing the Secretariat input for the DNSO budget,
> and will provide it in few days to the NC group working on budget.
> Caroline wrote a summary of ACTIONS ITEMS in her message
> "Names Council November 2nd Meeting in LA.DOC":
> |   7. NC Business Plan
> |      Ken Stubbs shall prepare draft budget for circulation
> |      to NC no later than December 1, 1999.
>
> Kind regards,
> Elisabeth
>
> NB. We have Andrew McLaughlin and Joe Sims on the council@dnso.org
>     list. Shall I add Louis_L._Touton@jonesday.com ?
>
> > From owner-council@dnso.org Sat Nov 13 21:41 MET 1999
> > From: "Chicoine, Caroline" <chicoinc@PeperMartin.com>
> > To: "'council@dnso.org'" <council@dnso.org>
> > Subject: [council] FW: $5,000 payment
> > Date: Sat, 13 Nov 1999 14:36:35 -0600
> > X-Priority: 3
> > MIME-Version: 1.0
> >
> > FYI
> >
> > -----Original Message-----
> > From: Andrew McLaughlin [mailto:mclaughlin@pobox.com]
> > Sent: Friday, November 12, 1999 3:55 AM
> > To: Chicoine, Caroline
> > Subject: RE: $5,000 payment
> >
> >
> > Gotcha.  It would be great for the NC to make good that commitment & I'm
> > glad to see you pushing forward.
> >
> > To reimburse ICANN for DNSO-related meeting expenses, checks should be
> > written to ICANN;  can be sent to the Marina del Rey office (4676
> > Admiralty
> > Way, Suite 330, Marina del Rey, CA  90292);  and we'll be happy to issue
> > receipts to check writers.  To avoid any confusion, it would be best if
> > checks for this purpose were accompanied by a note saying as much.
> >
> > --Andrew
> >
> > [ -----Original Message-----
> > [ From: Chicoine, Caroline [mailto:chicoinc@PeperMartin.com]
> > [ Sent: Thursday, November 11, 1999 3:46 PM
> > [ To: 'mclaughlin@pobox.com'
> > [ Subject: RE: $5,000 payment
> > [
> > [
> > [ Maybe I misunderstood.  The Names Council made a commitment to pay
> > back
> > [ ICANN for its debt regarding past meetings and came up with 5,000 per
> > [ constituency.  My constituency will be starting to try to collect this
> > [ amount from its members, and once it gets the 5,000, I am not certain
> > [ who it should write the check to (NC, ICANN?).
> > [
> > [ -----Original Message-----
> > [ From: Andrew McLaughlin [mailto:mclaughlin@pobox.com]
> > [ Sent: Thursday, November 11, 1999 2:36 PM
> > [ To: Chicoine, Caroline
> > [ Subject: RE: $5,000 payment
> > [
> > [
> > [ Dear Caroline:
> > [
> > [ I'm afraid I don't understand -- what payment are you talking about?
> > [
> > [ Best,
> > [
> > [ --Andrew
> > [
> > [ [ -----Original Message-----
> > [ [ From: Chicoine, Caroline [mailto:chicoinc@PeperMartin.com]
> > [ [ Sent: Monday, November 08, 1999 10:42 AM
> > [ [ To: mclaughlin@pobox.com
> > [ [ Subject: $5,000 payment
> > [ [ Importance: High
> > [ [
> > [ [
> > [ [ I am preparing minutes and action items to send out to NC.  Can you
> > [ [ confirm
> > [ [ (1) deadline for payment (Dec 4th?)
> > [ [ (2) who the checks should be made payable to?
> > [ [ (3) will receipts be issued and if so, by whom
> > [ [
> > [ [ I would like to get my email out as soon as possible.  Thanks in
> > [ advance
> > [ [ for your advice and assistance.
> > [ [
> > [ [ Caroline G. Chicoine
> > [ [
> > [
> >