[bc-gnso] Has Philip Sheppard violated the BC charter?

[Phil Corwin]

Philip:

Can you please respond to the matter that George has raised? If you believe he is wrong in his allegation that BC rules have not been properly observed we would like to have your point of view. If, on the other hand, our rules have not been followed it seems to us that the proper way to deal with this would be to immediately file a statement retracting the BC position filed yesterday, noting that it had not been properly approved by BC members, and to proceed to conducting a formal vote of the entire BC membership on this matter. 

If a vote is to be conducted we would appreciate some procedural background regarding the manner in which that is undertaken and the time period provided for it.

Thank you.

Philip S. Corwin
Partner
Butera & Andrews
1301 Pennsylvania Ave., NW
Suite 500
Washington, DC 20004
202-347-6875 (office)
202-347-6876 (fax)
202-255-6172 (cell)
"Luck is the residue of design." -- Branch Rickey
________________________________________
From: owner-bc-gnso at icann.org [owner-bc-gnso at icann.org] On Behalf Of George Kirikos [icann at leap.com]
Sent: Thursday, June 25, 2009 9:37 AM
To: BC gnso
Subject: [bc-gnso] Has Philip Sheppard violated the BC charter?

Hi folks,

I am literally shocked to see that Philip has submitted a statement on
behalf of the BC on the IRT, see:

http://forum.icann.org/lists/irt-final-report/msg00087.html

saying:

"The BC recognizes the work and efforts of all those who participated
in the IRT. The BC believes that this report is a productive step
forward in addressing several issues with respect to new gTLDs."

in particular given that 5 BC members (more than 10%) did not support
that statement, and indeed supported my alternate proposal. Section
7.4 of our charter is explicit:

http://www.bizconst.org/charter.htm

"Where the discussion mechanism indicates a split in the Constituency
of more than 10% of the number of paid-up members, there will then be
a vote (typically by e-mail) on the position."

There has been no such vote.

Philip needs to explain why he should not be disciplined under 3.6 of
our charter, for making such a statement on behalf of the
constituency.

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/