Re: [ga] Expired Terms

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Eric and all former DNSO GA members or other interested
stakeholders/users,

  I disagree respectfully with Eric regarding knowing the bylaws. Seems
Bruce has a good handle on them given his response.  None the less
Danny should have looked before he spoke.  He again, didn't...
Any of our board members that does not know fairly well, the bylaws
and what they mean, is usually not a board member for much longer..

  However Eric is correct IMHO regarding "Some" boards where
personality is somehow more important than substative criterion.
Recently Disney, MCI/worldcom-con, Global Crossing, Enron, ect.,
come to mind with such a mindset.  It may be that ICANN is
following their example.  If so, it is no wonder to me at least, that
ICANN has lost its luster and promise.

Hugh Dierker wrote:

>   Rules of interpretation are not that difficult. In California all
> contractual language should be considered in the light of good faith.
> Of course bad faith would be the opposite. The good faith portion of
> the recited provisions is that the actors act in good faith to obtain
> replacements, and not boardsquat. I think you will find the same
> provisions in most public offices in California. It is just that you
> must have another provision using the magic word "shall" about when
> and how replacements are found.
> It is probably the press of business and lack of compensation that
> makes it impossible to elect new term people to the posts. I feel bad
> if they are overworked.
> Also, Danny do not worry about knowing all the bylaws. Nobody who sits
> on a board knows them all except the lawyers. Most the time the
> elected are representative of those they represent and only
> personality matters unless they really screw-up.
> These are constituency representatives, so what does it matter who
> they put on there? Think of it as a rotating vestry at a church,
> whoever volunteers gets to put in the hours of work and put it on
> their brag sheet.
>
> Eric
>
> Jeff Williams <jwkckid1@xxxxxxxxxxxxx> wrote:
> Danny and all former DNSO GA members or other interested
> stakeholders/users,
>
> You should have made yourself aware a long time ago now regarding the
> bylaws Danny. Evidently unfortunately you had not before inquiring
> about
> Bruces term. I can only therefore wonder if you would be a suitable
> candidate as you had several times in the past "Volunteered" yourself
> for...
>
> However I agree and have expressed discontent on the part of our
> members
>
> and myself as to the irregularity of the bylaws and the section that
> Bruce
> references several times in the past..
>
> Danny Younger wrote:
>
> > Bruce Tonkin has sent me the following note:
> >
> > Hello Danny,
> >
> > Thanks for the reminder to confirm the terms of Council members.
> >
> > I note from the bylaws, Article X, Section 3, paragraph 2 that it
> > states:
> > "Each GNSO Council member shall hold office during his or her
> regular
> > term and until a successor has been selected and qualified or until
> > that member resigns or is removed in accordance with these Bylaws."
> >
> > I interpreted that to mean that the Council member would remain in
> > office until a successor has been found. Clearly each constituency
> > should be taking action to appoint a member for the next term.
> >
> > Regards,
> > Bruce Tonkin
> >
> >

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
    Pierre Abelard

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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