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Re: [council] Appointment of NCA to Houses


This occurred during the part of the call where I was off line and the call was being chaired by Chuck. when I came back on the cal I asked for clarification of what had been decided.

Chuck confirmed in an earlier message that this was the case. I expect it was a consent sort of thing where no one objected, they way the council has made all of it consensus decisions.

I would note, that I have informed the SIC of the decision on NCA placement as I indicated I would in my first message on this topic this morning. I believe the decision is made and it is time to move on.


On 15 Oct 2009, at 20:07, Tim Ruiz wrote:

the council agreed to a process of unanimous consent on the extended
'negotiations' and you did not get unanimous consent.

When did we do this? Was it a vote, or a respond if you object kind of


-------- Original Message --------
Subject: Re: [council] Appointment of NCA to Houses
From: Avri Doria <avri@xxxxxxx>
Date: Thu, October 15, 2009 11:36 am
To: Council GNSO <council@xxxxxxxxxxxxxx>


The problems are:

- the request for an extension of time was not madeuntil after the
drawing happened, thus making the request something that happened
after the the decision was made.

- the council agreed to a process of unanimous consent on the extended
'negotiations' and you did not get unanimous consent.


On 15 Oct 2009, at 18:25, Tim Ruiz wrote:

The only aspect of the agreed process that was not met is the
We routinely stretch timelines, even those mandated in bylaws. I
certainly did not understand the process to mean we had to reach
unanimity. When do we ever expect that?

The fact of the matter is that three of the four SGs agreed on an
assignment plan. That plan puts Terry where he prefers and Olga seemed
flexible. It does put Andrei in the seat he would prefer not to have,
but he is the newest NCA. I don't see that as unreasonable.


-------- Original Message --------
Subject: Re: [council] Appointment of NCA to Houses
From: William Drake <william.drake@xxxxxxxxxxxxxxxxxxxx>
Date: Thu, October 15, 2009 10:57 am
To: Stéphane_Van_Gelder <stephane.vangelder@xxxxxxxxx>
Cc: Council GNSO <council@xxxxxxxxxxxxxx>

Hi Stéphane,

The agreed process has played out and there's not much to be gained by
challenging each other's preferences, or the value of consensus
processes. However, I would simply like to understand FMI what you're
saying here. May I pose four questions, please:

On Oct 15, 2009, at 3:34 PM, Stéphane Van Gelder wrote:

This means that, despite the overall support of the SGs for a
solution which
was also inline with what the NCAs wanted themselves, we opt for the
solution that suits only one SG. Hardly seems fair.

I really think we should try and honour the NCAs' wishes if we can,
and the
proposed option 1 did that.

First, the NCA's wishes, as recounted by Avri on Sept. 29, were as

Olga and Andrey were both interested in the Contracted Parties House

All three of them were willing to be placed in the Non-Contracted
parties house.
Terry indicated he was only willing to be placed the Non-contracted
parties house

Olga was the only one indicating willingness to take the Independent
non voting role

So Olga was willing to take any of the three, and made clear on the
last council call that she'd be perfectly happy with non-contracted.
And under the RySG option 1, Andrei was to be given the non-voting
seat, which he clearly did not want. So on what basis can it be said
that RySG option 1 was uniquely in line with the NCAs' wishes?

Second, if satisfying the NCAs was your overarching concern (and
again, your preferred solution did not in fact do this), then why did
the RrSG wait from Sept. 29 to Oct. 14 to express a preference? You
had two full weeks to take a stand for that principle, but said
nothing until after NCSG stated the horridly unjust view that we
should do what we agreed to do.

Third, since you're running for chair, I'd much appreciate it if you
could share your views on whether, as a general matter, the council is
obliged to abide by the rules and procedures it agrees for itself.
Are these binding, or can they be tossed aside or worked around (e.g.
through external lobbying) whenever they prove inconvenient to

Fourth, in terms of substantive outcomes, do you feel it would have
been much better signaling to the ICANN community and the larger world
if all three candidates for chair had been from the contracted house?

Sorry to be slow, I'm just trying to understand your thinking.

Thanks much,


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