Re: [council] NCA assignments

[Stéphane Van Gelder <stephane.vangelder@xxxxxxxxx>]

Carlos,

I don't understand the points you are making. Is this something that we can 
discuss at some point, perhaps in the wrap-up at the end of the week, or 
privately if you prefer and then with your permission I could update the 
Council?

I am not saying that your points are wrong, just that I would like to get more 
clarity on exactly what it is your are saying went wrong.

My understanding so far:

- The bylaws say that the NomCom shall make the appointments.
- JJ's note confirms this.
- The bylaws do not say that a rotation should be introduced.
- JJ's second note confirms this ("There is no requirement for rotation of the 
NomCom appointees among the three seats.")
- The NomCom has made its assignments.

What I don't understand is where the gap in the process that you mention is?

Thanks for any help you can give me in understanding that.

Stéphane



Le 24 oct. 2011 à 11:43, carlos dionisio aguirre a écrit :

> Thanks Tim for your comment. 
> I understand very well, the idea to remain this discussion open is not for me 
> only, and particularly, I know How many contributions I can do from my 
> current position, this is one of this.
> I saw a serious gap in the procedure, because bylaws were saying different 
> things. In this order I ask for the advice of General Councel.
> The advice was made, but the application in the reality IMHO was bad done.
> The application of the advice given by JJ not give a permanent solution, or 
> give a bad solution at least for some interests. 
> May be is needed a deep discussion to get a common understanding , for all 
> grups and people involved, to determine and clarify waht will be the 
> procedure in the future.
> I particular consider " the differences disappear talking", and is what I am 
> promoting, because I feel in this case we have have not a enough comunication 
> to solve this properly,  some people and constituencies were not contacted, 
> and their opinion must be hear (in relation with the aplication of advice 
> given by JJ), just because their interests count also. The advice of General 
> Councel was in this way, specially the last paragraph, but only some parts 
> were contacted to reach a general consensus.
> Thanks again Tim, and want to say that more than a problem is a possibility 
> to have a permanent solution for this issue,  and in perfect agreement with 
> bylaws  and the authorized interpretation given by JJ, and the understanding 
> of the parts interested on this.
> Also and finally (at least for now) I want to say:  This situation was not 
> caused by me, The situation have another origin, and you know that.
> 
> Thanks again. And I am sure you and me are following the same, a good, agreed 
> and permanent solution on this issue and in strict relation with ICANN bylaws 
> 
> 
> Carlos Dionisio Aguirre
> NCA GNSO Council - ICANN
> former ALAC member by LACRALO
> Abogado - Especialista en Derecho de los Negocios
> Sarmiento 71 - 4to. 18 Cordoba - Argentina -
> *54-351-424-2123 / 423-5423
> http://ar.ageiadensi.org