AW: [council] RE: Nominating Committee Appointees (NCA) selection to two Houses

[<KnobenW@xxxxxxxxxx>]

Thanks Alan for clarification from a NomCom perspective which is important to 
know.
 
I understand there will be 2 choices for the future:
- either the NomCom shall act according to the bylaws and assign the NCAs to 
the houses, meaning all 3 NCAs every year
- or in case the NomCom doesn't assign the SG's should find consensus, meaning 
a process has to be defined in this respect. This could be a job for the SCI if 
the council agrees.
 
For the present case let's find consensus. This may require some coordination 
on SG and house level
 

Kind regards
Wolf-Ulrich 


________________________________

        Von: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] 
Im Auftrag von Alan Greenberg
        Gesendet: Montag, 26. September 2011 16:51
        An: GNSO Council
        Betreff: RE: [council] RE: Nominating Committee Appointees (NCA) 
selection to two Houses
        
        
        The Bylaws do indeed assign the responsibility to the NomCom, but the 
NomCom has never acted on that. In 2009, when the appointment was made prior to 
the new Bylaws, a procedure was adopted by Council ( 
http://gnso.icann.org/meetings/minutes-council-24sep09.htm 
<http://gnso.icann.org/meetings/minutes-council-24sep09.htm> , Item 5, motion 
section 10). This called for the SGs to reach consensus (taking into 
consideration the wishes of the NCAs) by a certain date, or the single fresh 
GNSO NCA would be assigned to the non-voting position and the other two would 
be assigned by random selection. My recollection is that consensus was not 
reached and the random method was used.
        
        Last year, without a NomCom explicit decision, all parties came to an 
agreement and the matter was not further discussed.
        
        My personal position is that the Bylaw wording was ill-advised because 
by following this rule ensures that once put in a specific position, the NCA is 
their for the duration of their term. In the case of the non-voting position, I 
find this unreasonable.
        
        So Carlos is correct about the Bylaw provision, but in the absence of 
the NomCom acting on it, there is no established procedure and no precedent on 
which to rely - the 2009 interim rules do not apply with two incoming 
inexperienced NCAs and agreement had not been reached as in 2010. 
        
        One could infer from the 2009 interim rules that if there was an 
inexperienced incoming NCA, that person should be given the non-voting role and 
I believe that this is the what Glen referred to as the norm. However, neither 
precedent provides any firm guidance regarding this year's case where there are 
two inexperienced incoming NCAs.
        
        Alan
        
        
        At 26/09/2011 09:47 AM, carlos dionisio aguirre wrote:
        

                Dear kristina: There are a "norm" , the ICANN Bylaws are 
mandatory and clearly decide about the situation 
                
                 Section 3. GNSO COUNCIL 
                

                        1. Subject to the provisions of Transition Article XX, 
Section 5 of these Bylaws <http://www.icann.org/en/general/bylaws.htm#XX-5>  
and as described in Section 5 of Article X 
<http://www.icann.org/en/general/bylaws.htm#X-5> , the GNSO Council shall 
consist of:
                        

                                a. three representatives selected from the 
Registries Stakeholder Group;
                                
                                b. three representatives selected from the 
Registrars Stakeholder Group;
                                
                                c. six representatives selected from the 
Commercial Stakeholder Group;
                                
                                d. six representatives selected from the 
Non-Commercial Stakeholder Group; and
                                
                                e. three representatives selected by the ICANN 
Nominating Committee, one of which shall be non-voting, but otherwise entitled 
to participate on equal footing with other members of the GNSO Council 
including, e.g. the making and seconding of motions and of serving as Chair if 
elected. One Nominating Committee Appointee voting representative shall be 
assigned to each House (as described in Section 3(8) of this Article 
<http://www.icann.org/en/general/bylaws.htm#X-3.8> ) by the Nominating 
Committee.
                                
                                


                Kind regards. 
                
                

                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 
                
                
                > From: krosette@xxxxxxx
                > To: Glen@xxxxxxxxx; council@xxxxxxxxxxxxxx
                > CC: robert.hoggarth@xxxxxxxxx; stephane.vangelder@xxxxxxxxx; 
gnso.secretariat@xxxxxxxxxxxxxx
                > Date: Mon, 26 Sep 2011 09:35:07 -0400
                > Subject: [council] RE: Nominating Committee Appointees (NCA) 
selection to two Houses
                > 
                > 
                > I don't believe it's correct to say that there has been any 
"norm" as I don't think we've been doing this long enough to say there is. It's 
my recollection that any pattern you describe is due primarily to an incoming 
NCA deferring to the preference of an existing NCA. As both Lanre and Carlos 
would like to be assigned to NCPH, this is a matter for the NCPH to address, in 
my opinion. 
                > 
                > -----Original Message-----
                > From: owner-council@xxxxxxxxxxxxxx [ 
mailto:owner-council@xxxxxxxxxxxxxx <mailto:owner-council@xxxxxxxxxxxxxx> ] On 
Behalf Of Glen de Saint Géry
                > Sent: Monday, September 26, 2011 5:27 AM
                > To: council@xxxxxxxxxxxxxx
                > Cc: Robert Hoggarth; Stéphane Van Gelder; 
gnso.secretariat@xxxxxxxxxxxxxx
                > Subject: [council] Nominating Committee Appointees (NCA) 
selection to two Houses
                > 
                > 
                > Dear All,
                > 
                > As you know, the Nominating Committee (Nom Com) has selected 
two Nom Com Appointees (NCAs), Lanre Ajayi and Thomas Rickert, to serve on the 
GNSO Council for the upcoming year.
                > 
                > Thomas Rickert has requested to be assigned to the Contracted 
Parties House (CPH) and the CPH has formally agreed that Thomas is a voting 
member in the CPH.
                > 
                > As it has traditionally been the norm that the previous 
year's non-voting NCA becomes a voting NCA, we expect that Carlos Aguirre will 
be assigned to the NCPH this year, and Lanre Ajayi will be assigned the 
non-voting seat.
                > 
                > Is this correct? Due to the close proximity of the Dakar 
meeting and the need to finalize organizational aspects of the meeting, the 
GNSO Council Secretariat would appreciate being informed of the NCPH NCA 
assignment no later than 30 September 2011 at 22:00 UTC.
                > 
                > Thank you very much.
                > Kind regards,
                > 
                > Glen
                > 
                > 
                > Glen de Saint Géry
                > GNSO Secretariat
                > gnso.secretariat@xxxxxxxxxxxxxx
                > http://gnso.icann.org <http://gnso.icann.org/> 
                > 
                >