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Re: [council] Re: Board seat 14

  • To: Council GNSO <council@xxxxxxxxxxxxxx>
  • Subject: Re: [council] Re: Board seat 14
  • From: Stéphane Van Gelder <stephane.vangelder@xxxxxxxxx>
  • Date: Sun, 10 Apr 2011 00:50:46 +0200
  • In-reply-to: <70918B82-BCFA-4AEE-9824-7A285EDBCD80@psg.com>
  • List-id: council@xxxxxxxxxxxxxx
  • References: <C4C9DC7A-8607-49FF-A783-AE1CB2A81EE9@indom.com> <908E0529-D506-494D-ACA0-EE4BB7467ED2@indom.com> <70918B82-BCFA-4AEE-9824-7A285EDBCD80@psg.com>
  • Sender: owner-council@xxxxxxxxxxxxxx

Thanks Avri for providing this response to my message. I am copying the Council 
list, as you suggested I should feel free to forward your message and as I 
think it contains information which will be useful to the Council as a whole.

Reading the bylaws, your analysis that Rita's term only ends when a replacement 
is elected looks right. The bylaws article VI section 8.f state that: f. The 
terms of Seats 11 and 14 shall begin at the conclusion of ICANN's Mid-year 
Meeting after the 2010 ICANN annual meeting, and each ICANN annual meeting 
every third year after 2010.

This would suggest to me that the current terms only ends in 2013. I will 
request GC advice on this just to make sure.

I am, however, unclear on the cause of the dispute on the voting procedure that 
you speak of. As I read the bylaws, the successful candidate needs 60% of the 
house, period. There is no reference to specific votes from each SG. And I 
think that if there was it would actually not make any sense, as in my opinion 
adding a requirement of a minimum number of votes from each SG on top of the 
threshold would only serve to overly complicate matters, for no clear reason.

In any case, the question we really need to answer is whether Board seat 14 can 
stay as currently filled, thereby giving the NCPH time to hone its voting 


Le 9 avr. 2011 à 02:02, Avri Doria a écrit :

> Dear Stéphane,
> As the chair of one of the two SGs in the NCPH, I have my doubts on whether 
> we will meet this requirement.
> At this point we cannot even decide on a way to hold the election.  There is 
> a joint group between the SGs, that I am not on, that is trying to figure out 
> a way beyond an impasse we have on whether a person only needs the 60% (8 
> votes) as mandated by the By-laws, or 60%, including two from each SG.  From 
> the reports I have gotten of the discussions in the joint group, they have 
> not yet found a way beyond the impasse.  
> As I read the By-laws, Rita's terms does not actually end until a replacement 
> is elected.  So unless she resigns the seat should be filled until such time 
> as the two SGs can sort out their procedures for the election.
> With Best Regards,
> Avri Doria
> Chair, NCSG Executive Committee
> Feel free to forward, or not, this as you feel appropriate.
> On 8 Apr 2011, at 15:15, Stéphane Van Gelder wrote:
>> Hi all,
>> Just taking care of some Council housekeeping issues and wanted to send out 
>> a reminder on this.
>> Thanks,
>> Stéphane
>> Le 28 févr. 2011 à 12:10, Stéphane Van Gelder a écrit :
>>> Councillors,
>>> As a reminder, bylaws dictate that "the Non-Contracted Party House shall 
>>> select a representative to fill Seat 14".
>>> A further requirement is that: "At least two months before the date 
>>> specified for the commencement of the term as specified in paragraphs 1.d-g 
>>> above, any Supporting Organization or the At-Large community entitled to 
>>> select a Director for a Seat with a term beginning that year shall give the 
>>> Secretary of ICANN written notice of its selection".
>>> As this pertains to Board seat 14, that term is scheduled to begin on June 
>>> 24 this year. So the GNSO would need to be in a position to send our 
>>> written notice by April 24.
>>> Stéphane

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