[ALAC] Issue related to the Appointment of Directors by Empowered Community

[Alan Greenberg]

In looking at the recent notice of the appointment of the new GNSO 
Director and again at the notice for Leon, I realized we have a small 
issue related to the appointment of Directors.

Although Directors are selected by the SOs, At-Large and the NomCom, 
under the new Empowered Community model, the actual appointment 
(technically under California statutes, they are "designated") to the 
Board is done by the Empowered Community (EC) through the EC 
Administration. The EC Administration is not a true body but the name 
given to the five representatives of the "Decisional Participants", 
the GNSO, ccNSO, ASO, GAC and ALAC.

Therefore the designation is done by those five people without any 
discretion to second-guess the selecting body.

However, both the Bylaws in the general case and the ALAC Rules of 
Procedure (RoP) say that the Representative can only act on express 
instructions of their AC/SO.

It is clear that the intent of the CCWG-Accountability and the Bylaws 
are to not actually involve the five Decisional Participants.

Extracts from the ICANN Bylaws and the ALAC RoP are attached.

As the appointments must be formally made without delay, I am, with 
the knowledge of the ALT and in accordance with ALAC RoP 5.11, 
endorsing the EC Administration designation of the new Directors 
(Matthew Shears and Leon at this point) and will ask that this 
decision be ratified at the upcoming ALAC meeting.

I will also be proposing an amendment to our Rules of Procedure to 
correct this inadvertent problem.

Alan
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