Re: [council] preliminary budget

[Nigel Roberts <nigel@nic.gg>]

All:

One phrase in this last email concerns me greatly. As it should concern
you
all, I think.


> NOTE:   THIS IS A PROJECTED ANNUAL BUDGET AND DOES NOT ADDRESS THE
> CURRENT PAYABLE DUE FOR PAST SERVICES RENDERED TO THE COUNCIL
 

From recent discussion among ccTLDs it is clear to me that virtually 
no member of the ccTLD constituency will again make further
contributions for expenditure by ICANN or its advisory committees 
such as the Names Council after the contribution which was 
just raised in December unless the amount and nature of that 
contribution was planned and agreed in advance of the expenditure 
being undertaken.

In addition I wishe to make it clear that I disclaim any personal
liability for any expenditure incurred by ICANN or any person acting
with apparent authority of ICANN.

Louis: 

Can you /please/ now address the issue of the Terms and Conditions
of the Director's and Officer's Liability Insurance Policy within 
7 days. 

This is a repeat of a formal request I have made on 
a number of occasions, and in public. ICANN's failure
to co-operate is getting embarrassing.

However, just in case you were not aware of the details
I have formallly requested sight of a copy of the D&O
insurance to ensure that -- in line with the statement
given several months ago by Mike Roberts to Dennis 
Jennings that indeed the members of the Names Council 
are properly covered by the terms of this insurance policy.

As the members of the Names Council will know, I have asked 
for this of Andrew McLaughlin and Joe Sims on more than
two occasions in several teleconferences. 

I have also asked this repeatedly in the 
Names Council face to face meetings.

Please note that if I do not receive a copy of this policy 
by fax within seven days (+44 956 700 329) so that I may 
examine the policy conditions, I will be relucantly
forced to conclude that no such insurance policy exists, and 
consequently to assume unless informed otherwise that
potentially Names Council members may be personally 
and individually liable for any and all actions of the 
Names Council in relation to their membership of it.

I recommend that Names Council colleagues should consult their own
professional advisers about this potenital risk. 

Some of us could not afford to pay the Names Council's
webcasting bills personally,s o say nothing of any
other claims which ICANN may or may not face in the 
future.

I would also like a written and detailed explanation of 
the assurances given by Joe Sims gave on one of the 
teleconferences where I raised this topic previously 
when, as I recall it it, he said that as the Names Council 
is not really a part of ICANN and just an advisory body, 
no one is able to sue the members of the Council individually.
I'd like that guarantee in writing please, for obvious reasons.

I look forward to a swift reply from Louis, and in any event before
by the end of the week. (I'm travelling to Berlin today and will
be away for 3 or 4 days only picking up mail very occasionally -- 
send urgent messages by fax (see above) or by email to my assistant
angelika@isles.net.


Nigel Roberts
Names Council Member, ccTLD constituency
GSM: (+44) 9567 0 9567