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

[Seun Ojedeji]

Hello Alan,

Am fine with your endorsement on this by default. However I am not sure
what problem is to be corrected in our ROP since the Bylaw hasn't changed.

I think it's just fine for you to do what you have just done now in future.

Regards

Sent from my LG G4
Kindly excuse brevity and typos

On May 12, 2017 4:22 AM, "Alan Greenberg" <alan.greenberg at mcgill.ca> wrote:

> 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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