[ALAC] Motion to amend Rules of Procedure

Seun Ojedeji seun.ojedeji at gmail.com
Fri Aug 19 06:19:35 UTC 2016


Hello Alan,

My point is that 23.1 is what defines EC, the ALAC rop does(should) not
define EC the best we can do is to go to the bylaws and copy and paste the
definition into the rop[1].

My second point is also that while we may reflect 23.3 (perhaps for logging
history, even though i don't think that should be in the rop because the
ICANN bylaw already indicated members of EC), I do not think we needed to
reflect 23.2 in the rop as everything about EC establishment and the fact
that ALAC is a member "is/will be" in the ICANN bylaw.

However just like you said, it may be a matter of style. fyi; if the group
intends to keep the two paragraph then i believe Tijani's edits are
appropriate. My point is that I do not even think those paragraphs should
be there in the first place.

Regards
1. If you(we) don't intend to quote the bylaw then Tijani's definition is
fine.
Sent from my LG G4
Kindly excuse brevity and typos

On 19 Aug 2016 05:29, "Alan Greenberg" <alan.greenberg at mcgill.ca> wrote:

> Perhaps a matter of style. 23.2 established (and defines) the EC, and 23.3
> establishes that the ALAC is part of it (both with the changes as suggested
> by Tijani).
>
> At 18/08/2016 10:50 PM, Seun Ojedeji wrote:
>
> Thanks, On a quick look the edit looks good.  Though I don't see the need
> for session 23.2 and 23.3 as they do not add anything significant to
> purpose of section 23 which I believe is to indicate that the EC will only
> be active at a later time defined in section 23.1
>
> Regards
>
> Sent from my LG G4
> Kindly excuse brevity and typos
>
> On 18 Aug 2016 05:59, "Alan Greenberg" <alan.greenberg at mcgill.ca > wrote:
> In Helsinki, the ALAC approved a number of changes to its Rules of
> Procedure (RoP) related to the selection of the At-Large Director (ICANN
> Board Seat 15). Due to lack of time, a number of other changes were not
> discussed or approved. These we discussed during the ALAC teleconference on
> 26 July. Most of these changes elicited no negative comments but one, a
> formalization of current ALAC Leadership Team (ALT) practices, did result
> in a number of comments.
>
> Also discussed in Helsinki and briefly on the July ALA teleconference were
> changes that are required to support the ICANN Empowered Community (EC).
> The EC will come into being when and if the ICANN Bylaws adopted by the
> Board on 27 May go into effect. This will happen when and if the IANA
> transition is completed with the expiration of the IANA Functions Contract
> between the NTIA and ICANN. The NTIA announced this week that it intended
> to let the contract expire at the end of September. Presuming this process
> is not halted due to some extraordinary action within the US Government,
> the contract will expire on 30 September, the new Bylaws will be triggered
> and the EC will exist, and the ALAC must be able to function within it.
>
> As discussed, I convened a small group composed of those within our
> community most knowledgeable about the EC and its accountability measures.
> This group was comprised of the five ALAC Members of the
> CCWG-Accountability (me, Tijani, Cheryl, Sébastien and Leon) as well as
> Seun and Olivier, both of who devoted much time to participating in the
> CCWG and understanding all of the issues. It was agreed that we would use a
> minimalist approach to ensure that the ALAC could fulfill its duties. It
> may be that at some point in the future we revisit these rules, but for the
> moment, and given the tight time lines, a simple approach was the wisest
> path to follow.
>
> The group did discuss whether the Chair or someone else should represent
> the ALAC on the EC. It was felt that the default should be the Chair
> because: a) there is no real power associated with the position; b) there
> is are already detailed measures in the RoP to control the accountability
> of the Chair, and to remove the Chair if there is some gross misuse of the
> EC power (as implied in the CCWG_ACCT recommendations)
>
> The RoP revision includes three sets of changes.
>
> 1. The revisions previously presented for the Helsinki meeting, deferred,
> and then discussed on 26 July. The section on ALT practices has been
> largely re-written to address the issues raised. In particular: a) there is
> no longer any reference to past ALAC Chairs, but a more generic reference
> to other who might be invited to participate; b) there is no longer a
> reference to guests invited at the "sole discretion" of the Chair - this
> decision like all other ALT decision will be made collegially; c) it is
> clarified for the purposes of full transparency, that any ALT decisions are
> made solely by the five regional representatives and not by the Liaisons or
> other invited people.
>
> 2. Two small changes to the Director selection section to address a
> possible case of a tied vote that had been accidentally omitted, and to
> clarify that the BMSPC is composed of ten regional representatives plus a
> Chair (it previously was not clear if the Chair was one of the ten).
>
> 3. The changes associate with the EC.
>
> According to the RoP section 13.1.1, a motion to amend the rules must be
> made 21 days in advance. Accordingly, I am opening this discussion of the
> proposed RoP Revision. Subject to the discussion, a vote of the ALAC will
> be taken after the 21 day period elapses (09 September).
>
> I am proposing that we adopt these changes in a single vote. However, if
> any ALAC Member wishes that we segregate out particular changes for a
> separate vote, that will be done (presuming each package of revisions can
> stand on its own).
>
>
> I hereby make the following motion and ask that another ALAC Member second
> it.
>
> Whereas the At-Large Advisory Committee is currently operating under Rules
> of Procedure (RoP) approved on 20 June 2016;
>
> Whereas a number of changes to these (RoP) have been recommended to
> correct errors, clarify specific rules, enhance transparency and implement
> the ICANN Empowered Community;
>
> Therefore;
>
> The ALAC adopts the attached revisions to the ALAC Rules of Procedure.
>
> -----------------------------
> Also attached is a detailed log describing each change and the rationale
> for it.
>
> This motion and the final RoP adopted by the ALAC may be amended as agreed
> to by the ALAC prior to final adoption. Final adoption will require a
> super-majority (2/3) vote of the ALAC.
>
>
>
>
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