[IOTF] Question on PTI implementation approach

[Greg Shatan]

I think it does mean that ICANN will allow its seconded employees to leave
the employ of ICANN and go to PTI or to a successor (if that's the way the
separation is occurring).  I can't see any other interpretation.  As Chuck
points out, it also seems to assure these ICANN employees that, if they do
not want to join PTI/successor or are not offered a job there, that they
will have the option of continuing as ICANN employees.

The secondment scenario does create some concern that ICANN could encourage
these employees to stay with ICANN in the event of a separation (or to put
it another way, discourage these employees from moving from secondee to
employee within the IANA provider (PTI or successor)).  This could have
negative security and stability impacts.  We may want an assurance from
ICANN that it will not solicit or otherwise encourage the seconded
employees to remain ICANN employees rather than continue to be part of the
IANA provider.  I could see some awkward moments otherwise.

Greg


On Sat, May 28, 2016 at 10:44 AM, Gomes, Chuck <cgomes at verisign.com> wrote:

> Good questions Alissa.
>
> It seems to me that with or without the sentence you quote, the affected
> employees would have the three options assuming that the applicable
> organizations gave them the employment option.  Like you say, ICANN may not
> have any control over what the successor might do, but it is at least
> committing to offer employment to the seconded employees if they want it so
> this clause may be of some assurance to those employees.
>
> Chuck
>
> -----Original Message-----
> From: iotf-bounces at icann.org [mailto:iotf-bounces at icann.org] On Behalf Of
> Alissa Cooper
> Sent: Saturday, May 28, 2016 2:12 AM
> To: Alissa Cooper via Iotf
> Subject: [IOTF] Question on PTI implementation approach
>
> Hi all,
>
> Apologies that I have not been able to make the last few calls.
>
> I was reviewing the PTI implementation approach document and I noticed
> that Section 2.3 says:
>
> "In the event of separation, ICANN commits to an effectuating an orderly
> transition, including providing the seconded employees the option of
> employment with the affiliate, the successor, or ICANN. This commitment
> will be reflected in the naming function contract between ICANN and PTI.”
>
> What does it mean for ICANN to provide the option of employment with the
> successor? I assume by "successor" what is meant is the new operator to
> replace PTI, for one or more IANA functions. In that case, ICANN wouldn't
> likely have the option of offering employment by the successor -- the
> successor would be a separate organization altogether, which is the point
> of separation. Does this mean ICANN won't prevent PTI employees from being
> employed by the successor (e.g., it won’t impose some sort of non-compete
> agreement)? If that is not what it means, what does it mean?
>
> Also, given that the second sentence says that this commitment will be
> reflected specifically in the naming function contract, does that mean it
> will not also apply to the seconded employees performing the other two
> functions (to the extent that employees are assigned wholly to either or
> both of the other two functions)?
>
> I read through the transcript for call #10 but did not see these questions
> raised on the call.
>
> Thanks,
> Alissa
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