Re: [lac-discuss-en] Nomination of the LACRALO representative to the ALAC

To: "'Chris LaHatte'" <chris.lahatte@xxxxxxxxx>, "'LACRALO discussion list'" <lac-discuss-en@xxxxxxxxxxxxxxxxxxxxxxx>
Subject: Re: [lac-discuss-en] Nomination of the LACRALO representative to the ALAC
From: "Roosevelt King" <rok@xxxxxxxxxxxx>
Date: Sun, 30 Aug 2015 20:12:39 -0400

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What is there to understand? In cases where there is only one nomination, 
confirmation of the nomination is not necessary. To allow this confirmation is 
unfair in itself. However, if it is allowed under the circumstances where the 
entire constituency is present, then it cannot be a simple first past the post 
of those voting. It should be determined the quota of votes to nullify the 
confirmation and those votes should be half plus one of the entire 
constituency. In other words more than half the constituency should vote 
against the candidate. It should also be noted that abstentions are not votes 
against the candidate. This is how we do it globally at meetings and within 
organisations.

 

It is therefore bizarre that a decision to hold over the process could be 
arrived at. The process should only be abandoned when it cannot be saved. You 
are the ombudsman and hence you should know that in law, if a situation can be 
saved, then it is the duty of the officer to save the situation. Furthermore it 
is a waste of time telling me that you do not have legal jurisdiction. If that 
were so, how could you determine that the process should go over?

 

Hence, to abandon the process when it could have been saved is to help 
perpetrate an injustice. The results were clear, but it would seem that certain 
people do not want to see any Caribbean reps within LACRALO and of course the 
ombudsman helped them along.

 

Where is the justice for the Caribbean?

 

ROK

 

From: lac-discuss-en-bounces@xxxxxxxxxxxxxxxxxxxxxxx 
[mailto:lac-discuss-en-bounces@xxxxxxxxxxxxxxxxxxxxxxx] On Behalf Of Chris 
LaHatte
Sent: Sunday, 30 August 2015 17:32
To: 'LACRALO discussion list' <lac-discuss-en@xxxxxxxxxxxxxxxxxxxxxxx>
Subject: Re: [lac-discuss-en] Nomination of the LACRALO representative to the 
ALAC

 

I think you need to understand the role of the Ombudsman in this situation. I 
do not have judicial authority to rule on whether or not an election was fair 
or not. My jurisdiction is limited to issues of fairness within the ICANN 
community. So if something occurs during the course of an election which is 
unfair, then I do have the power to investigate and recommend changes. I cannot 
order anything to be done. I only ever suggest that something be changed. In 
the context of the first election, where there was a dispute over the fairness, 
the only alternative was to run the election again. That was my recommendation, 
although I believe it was generally accepted, albeit reluctantly, as the best 
way to review what had happened.

 

In terms of representation of the Caribbean constituency, there is clearly a 
divide between the different groups as to representation. It would not be 
appropriate for me to comment on an ongoing process, until the process is 
completed. If the process was again found to be unfair, I could then recommend 
some further action. I am always ready to try to mediate between the different 
groups so that instead of the present distrust and disharmony, LACRALO could 
address some of the significant issues such as the IANA transition and 
accountability.

 

But of members of the constituency think I should be doing something else, then 
please reach out to me, in confidence if you wish.

 

Regards

 

Chris LaHatte

Ombudsman

Blog  https://omblog.icann.org/

Webpage http://www.icann.org/en/help/ombudsman

 

 

Confidentiality

All matters brought before the Ombudsman shall be treated as confidential.  The 
Ombudsman shall also take all reasonable steps necessary to preserve the 
privacy of, and to avoid harm to, those parties not involved in the complaint 
being investigated by the Ombudsman.The Ombudsman shall only make inquiries 
about, or advise staff or Board members of the existence and identity of, a 
complainant in order to further the resolution of the complaint.  The Ombudsman 
shall take all reasonable steps necessary to ensure that if staff and Board 
members are made aware of the existence and identity of a complainant, they 
agree to maintain the confidential nature of such information, except as 
necessary to further the resolution of a complaint

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