RE: [council] NCA assignments
- To: <stephane.vangelder@xxxxxxxxx>
- Subject: RE: [council] NCA assignments
- From: carlos dionisio aguirre <carlosaguirre62@xxxxxxxxxxx>
- Date: Mon, 24 Oct 2011 13:50:40 +0000
- Cc: <tim@xxxxxxxxxxx>, <council@xxxxxxxxxxxxxx>, <john.jeffrey@xxxxxxxxx>, Adam Peake <ajp@xxxxxxxxxxxx>, <samantha.eisner@xxxxxxxxx>, <robert.hoggarth@xxxxxxxxx>, <daniel.halloran@xxxxxxxxx>, <liz.gasster@xxxxxxxxx>, <rob@xxxxxxxxxxxxx>, <vanda@xxxxxxxxxx>, <olof.nordling@xxxxxxxxx>, <joette.youkhanna@xxxxxxxxx>
- Importance: Normal
- In-reply-to: <E8163F74-92FB-4BEB-B61E-B0969A3BBA57@indom.com>
- List-id: council@xxxxxxxxxxxxxx
- References: <SNT131-W4009970BA076EC4A0BD042B4EF0@phx.gbl>,<E8163F74-92FB-4BEB-B61E-B0969A3BBA57@indom.com>
- Sender: owner-council@xxxxxxxxxxxxxx
my answers to you in red below. thanks to ask me
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
Subject: Re: [council] NCA assignments
Date: Mon, 24 Oct 2011 12:21:45 +0200
CC: tim@xxxxxxxxxxx; council@xxxxxxxxxxxxxx; john.jeffrey@xxxxxxxxx;
ajp@xxxxxxxxxxxx; samantha.eisner@xxxxxxxxx; robert.hoggarth@xxxxxxxxx;
daniel.halloran@xxxxxxxxx; liz.gasster@xxxxxxxxx; rob@xxxxxxxxxxxxx;
vanda@xxxxxxxxxx; olof.nordling@xxxxxxxxx; joette.youkhanna@xxxxxxxxx
I don't understand the points you are making this is the first point in aparent
no coincidence, I will try my best to achieve you understanding. Is this
something that we can discuss at some point I believe yes and highligted below
, perhaps in the wrap-up at the end of the week sounds good for me, or
privately if you prefer and then with your permission I could update the
Council? thanks for ask, I think this point concern more people than us.
I am not saying that your points are wrong , just that I would like to get more
clarity on exactly what it is your are saying went wrong.
My understanding so far:
- The bylaws say that the NomCom shall make the appointments. True. bylaws are
very clear on this point. another true is: we have this rules are mandatory
(after bylaws reviewed) since late 2010.
- JJ's note confirms this. Yes, but After that I asked his intervention on this
issue. Before that, the rule was not considered by NomCom nor GNSO
- The bylaws do not say that a rotation should be introduced. True. but in this
case is needed an interpretation, wich was given in a JJ`s note at the last
part ".... it is important for the NomCom to complete the assignment process
and identify the roles of the NCAs to the GNSO..... Due to the NomCom’s
appointment rotation (2 NCAs to the GNSO in odd
years, 1 NCA in even years), it may be beneficial for the NomCom and
GNSO to consult together to determine if the GNSO would be better served
by having both voting NCAs rotate at the same time, or if it is
preferable to have 1 voting and 1 non-voting NCA rotate at the same
time, with the term of the other voting NCA rotating in even years.
Further, as the NomCom and the GNSO continue dialogue on
identifying skill sets for the NCAs to the GNSO, skills desirable for
each role (Non-Contracted House NCA, Contracted House NCA and Non-Voting
NCA) could be identified for NomCom consideration.
"- JJ's second note confirms this ("There is no requirement for rotation of the
NomCom appointees among the three seats.") In this case is (IMHO) a
contradiction in relation with his first note and the paragraph copied up. the
first one have a complete sense to me. perhaps, one question would be good at
this moment: What sense have, to have sit one person two years, without have
the possibility to vote his own motion ?. Or if you consider this have sense,
please clarify to me what is the sense in your understanding?, and in this
last case: Why always GNSO rotate (till now) the NCA`s ?
- The NomCom has made its assignments. True. But have no in account what Is
said at the underlined paragraph up to this.
What I don't understand is where the gap in the process that you mention is? Te
gap is/was GNSO forget or not know, the fact that there are another NCA`s in
GNSO before appoint the two new, and the point highlighted "Due to the NomCom
appointment rotation" of JJ`s original note.
Thanks for any help you can give me in understanding that. I hope my comments
in red, help you to clarify my point of view on this issue
Le 24 oct. 2011 à 11:43, carlos dionisio aguirre a écrit :Thanks Tim for your
I understand very well, the idea to remain this discussion open is not for me
only, and particularly, I know How many contributions I can do from my current
position, this is one of this.
I saw a serious gap in the procedure, because bylaws were saying different
things. In this order I ask for the advice of General Councel.
The advice was made, but the application in the reality IMHO was bad done.
The application of the advice given by JJ not give a permanent solution, or
give a bad solution at least for some interests.
May be is needed a deep discussion to get a common understanding , for all
grups and people involved, to determine and clarify waht will be the procedure
in the future.
I particular consider " the differences disappear talking", and is what I am
promoting, because I feel in this case we have have not a enough comunication
to solve this properly, some people and constituencies were not contacted, and
their opinion must be hear (in relation with the aplication of advice given by
JJ), just because their interests count also. The advice of General Councel was
in this way, specially the last paragraph, but only some parts were contacted
to reach a general consensus.
Thanks again Tim, and want to say that more than a problem is a possibility to
have a permanent solution for this issue, and in perfect agreement with bylaws
and the authorized interpretation given by JJ, and the understanding of the
parts interested on this.
Also and finally (at least for now) I want to say: This situation was not
caused by me, The situation have another origin, and you know that.
Thanks again. And I am sure you and me are following the same, a good, agreed
and permanent solution on this issue and in strict relation with ICANN bylaws
Carlos Dionisio AguirreNCA GNSO Council - ICANN
former ALAC member by LACRALOAbogado - Especialista en Derecho de los
NegociosSarmiento 71 - 4to. 18 Cordoba - Argentina -
*54-351-424-2123 / 423-5423