Re: [council] Re: Board seat 14

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

All, FYI the conversation has continued on this and I want to thank both Avri 
and Alan Greenberg for their insight.

While the section 8.1f language is about as unclear as it could be, the 
mid-year meeting after the 2010 AGM does reference the Singapore meeting.

Furthermore, section 8.2 states that a Board member "shall hold office for a 
term that lasts until the next term for that Seat commences and until a 
successor has been selected and qualified or until that Director resigns or is 
removed in accordance with these Bylaws."

So unless we are told otherwise by GC, it appears that Rita can continue to 
serve past Singapore if the NCPH elections have not taken place by then, if she 
is so willing of course.

Finally, I would also like to point out the timing for these elections as shown 
in our operating procedures 2.4.2, as there are a number of steps laid out, 
with the appropriate timing for each step, that must be carried out by the NCPH 
in this Board 14 election.

For reference, the ICANN bylaws can be found here: 
http://www.icann.org/en/general/bylaws.htm#VI
The new GNSO operating procedures are here: 
http://gnso.icann.org/council/gnso-op-procedures-07apr11-en.pdf

Stéphane



Le 10 avr. 2011 à 00:50, Stéphane Van Gelder a écrit :

> 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 
> procedures.
> 
> Stéphane
> 
> 
> 
> 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
>>>> 
>>>> 
>>> 
>>> 
>> 
>