[council] FW: Question.

[carlos dionisio aguirre <carlosaguirre62@xxxxxxxxxxx>]

Stephane .
First of all I want to apologize by my ignorance if it the case. Second I ask, 
in order to learn more. I ask the question to whom I consider is the person 
capable to give me answers.
Going directly to the point, I have to say that I have a few doubts in relation 
with the past teleconference call quorum. My specific doubt is about, 
differents points:


1- Why did you accept the proxy given by Thomas Rickert to Mason Cole, being 
Thomas a NCA, and having in account that our OR&P, the specific rule say:



3.8 Absences and Vacancies

3.8.4 Remedy: Temporary Alternate

a. For a Councilor who is not appointed by
the Nominating Committee, the appointing

organization may, at its discretion, name
a Temporary Alternate to serve in the absent

or vacant Councilor’s seat.

b. For a voting NCA, the Council
non-voting NCA is immediately activated to serve as

a Temporary Alternate subject to
provisions in Section
4.7-Temporary Alternate. The

communication required pursuant to Section 4.8-Procedures, Paragraph b, if it 
cannot

be submitted by the voting NCA, will be
completed and forwarded by the non-Voting

NCA.-----------------------
2- I understand (correct me if Im wrong) The Quorum needed to session in case 
of CPH is 7 Councilors present, all of this according

Chapter 4.0: Voting
4.1 Quorum
In order for the GNSO Council to initiate a vote, a quorum must be present. A 
quorum is a
majority of voting members in each House, which must include at least one 
member of each
Stakeholder Group.

In case of the past teleconference call I can see on the transcript record only 
6 councilors present & the proxy y (given badly in my point of view) by Thomas 
to Mason,


List of attendees:

Contracted Parties House

Registrar Stakeholder Group: Stéphane van Gelder, Mason Cole, Yoav Keren

gTLD Registries Stakeholder Group: Jeff Neuman, Jonathan Robinson, Ching
Chiao- – absent, apologies, proxy to Jeff Neuman

Nominating Committee Appointee (NCA): Thomas Rickert – absent, apologies
proxy to Mason Cole


 Could you explain me what was the procedure to session?
------------------------------------
3 - In a hypothetical case that proxy was bad given (having in account the 
rules mentioned), what is the solution for votes in each motion debated on the 
call?

others clauses applicable in my point of view, for this case are:
Chapter 4.0: Voting
4.1 Quorum
In order for the GNSO Council to initiate a vote, a quorum must be present. A 
quorum is a
majority of voting members in each House, which must include at least one 
member of each
Stakeholder Group........b. Quorum
An absent Council member does not count toward quorum even if a proxy has been
established. A Temporary Alternate (see Section 4.7-Temporary Alternate below) 
if
present, would count toward quorum. 
(4.6 Proxy Voting
An abstaining or absent Council member as defined above (the Proxy Giver) may 
transfer his or
her vote to any other Council member (the Proxy Holder).)  BUT
c. Proxy Notification
A proxy notification must be sent to the GNSO Secretariat and should indicate 
which
type it is. The notification should, where applicable, be sent by the Proxy 
Giver's
appointing organization. Ordinarily a proxy notification must be received by the
GNSO Secretariat before the start of the relevant meeting.

1 The term “appointing organization” (see Section 1.3.1) does not comprise the 
Nominating Committee; therefore,
the Voting Direction remedy does not apply to House NCAs.

1.3 Definitions
1.3.1 An “appointing organization” is defined to be the Stakeholder Group or 
Constituency that
elected or appointed a representative to the GNSO Council1. Note that, for the 
purposes
of these procedures, the Nominating Committee is not considered an “appointing
organization.”

Im  asking you because I sent to Wolf a private chat during the teleconference, 
and Im still waiting your response (probably he may have not seen it).
At the end, I want give my thanks in advance for time and the explanation that 
you can give 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
http://ar.ageiadensi.org