RE: [council] Re: Election for ICANN Board seat number 13

[Elisabeth Porteneuve <Elisabeth.Porteneuve@xxxxxxxxxxxx>]

Dear Bruce,

Let me allow to jump into conversation - the Old Memory souvenirs ...

In Carthesian system (universal mathematician logic) Alex was serving 
2 terms elected under "Old Bylaws" (the second term being shortened by 
"Transition") and one on Seat 13.

How it is interpret by Bylaws, what was intended in "Transition"
which lasted for one year - I have no idea.

The ICANN's Bylaws is a jungle, it is even impossible to see 
when "Old Bylaws" stopped, and when "New" ones started, and deduce 
when "Transition" was (I spent all years since 1998 to follow Bylaws' 
wording on day-by-day basis and have difficulties to dig it out).
There is nothing else that a raw record of amended Bylaws
cf. http://www.icann.org/general/corporate.html

I recall that the simple system - ICANN Board Director mandate ending with 
calendar's year - have been replaced by mandate ending with annual AGM.
Subsequently annual AGM have been written in Bylaws as being mandatory 
to be held in Marina des Rey, then even ICANN itself could not fulfill 
that clause !
Who knows when mandate terminates in that system?
I wonder if ICANN ever consider that as international organization it has
a duty to be a system which not only native American speaking lawyers 
with twenty years of practice can understand.

The record of DNSO/GNSO votes is at:
http://www.dnso.org/dnso/dnso.ncindex.html

     - elected October 1999, Old Board, 3 years
       term starting immediately, ending at the last AGM in 2002

       http://www.dnso.org/elections/1999.DNSO-ICANN-election-result.html
       VII. On October 12th, 17:45 CET the secretariat announced 
            that Alejandro Pisanty was elected for 3 years term 
            at the ICANN Board.
            http://www.dnso.org/dnso/announce/Archives/msg00037.html

     - re-elected September 2002, Old Board
       term starting at the last AGM in 2002, ending when
       "Transition" ends (mid-2003)

       http://www.dnso.org/elections/2002.DNSO-ICANN-election-result.html
       V.   Names Council vote
       On 26 September 2002 during the NC teleconference, (twenty) NC 
       members present ratified the vote result. The adopted motion 
       with the notification of election results was subsequeltly 
       posted by the Secretariat to the ICANN Board 
       http://www.dnso.org/clubpublic/council/Arc11/msg00066.html 
       and the announcement made to the DNSO 
       http://www.dnso.org/clubpublic/ga/Arc11/msg00446.html
       Alejandro Pisanty was elected for 3 year term at the ICANN Board.

     - elected April-May 2003, New Board
       cf. http://www.dnso.org/
       "Seat 13: 23 Apr - 22 May 2003: Alejandro Pisanty is 
       declared elected The resulting director will sit on the Board 
       from mid 2003 until second quarter 2004."

Kind regards to all,
Elisabeth Porteneuve
--

> 
> Thnaks Marilyn.  My apologies for getting it wrong - I missed it when I
> read it last time.
> 
> Upon reading the bylaws again I have found a statement:
> 
> From: http://www.icann.org/general/bylaws.htm
> Article VI, Section 8, paragraph 5:
> "Subject to the provisions of the Transition Article of these Bylaws, no
> Director may serve more than three consecutive terms. For these
> purposes, a person selected to fill a vacancy in a term shall not be
> deemed to have served that term."
> 
> Also from the Transition Article XX, Section 2, paragraph 8:
> "In applying the term-limitation provision of Section 8(5) of Article
> VI, a Director's service on the Board before the Effective Date and Time
> of the New Board shall count as one term."
> 
> 
> Thus Alejandro Pisanty has served:
> - one term prior to the New Board
> - one term since the New Board (for 1 year)
> 
> And thus is eligible for a third term.
> 
> Regards,
> Bruce Tonkin
> 
> 
> > -----Original Message-----
> > From: Cade,Marilyn S - LGCRP [mailto:mcade@xxxxxxx] 
> > Sent: Thursday, 5 February 2004 9:38 AM
> > To: Bruce Tonkin; council@xxxxxxxxxxxxxx
> > Cc: apisan@xxxxxxxxxxxxxxxx
> > Subject: RE: [council] Re: Election for ICANN Board seat number 13
> > 
> > 
> > I am under the impression that there is a limit to the  
> > number of terms that a board member can serve, but I could be wrong. 
> > 
> > Marilyn S. Cade
> > AT&T Law & Government Affairs
> > 1120 20th Street, NW, Suite 1000N
> > Washington, DC 20036
> > 
> > 202-457-2106v
> > 281-664-9731 e-fax
> > 202-360-1196 c
> > mcade@xxxxxxx
> > 
> > 
> > -----Original Message-----
> > From: Bruce Tonkin [mailto:Bruce.Tonkin@xxxxxxxxxxxxxxxxxx]
> > Sent: Wednesday, February 04, 2004 5:31 PM
> > To: council@xxxxxxxxxxxxxx
> > Cc: apisan@xxxxxxxxxxxxxxxx
> > Subject: RE: [council] Re: Election for ICANN Board seat number 13
> > 
> > 
> > Hello Cary,
> > 
> > > 
> > > Is the incumbent eligible for reelection?
> > > 
> > 
> > I believe so.  I couldn't see anything in the bylaws that 
> > relates to the number of terms a director may serve.
> > 
> > I will check with the ICANN General Counsel.
> > 
> > Regards,
> > Bruce
> > 
>