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

[Alan Greenberg]

Thanks for the vote of endorsement Seun.

I can always rely on you for a good question. In this case, the 
answer is relatively easy. We will add a clause saying that for all 
actions related to the EC designating Directors selected by the SOs, 
At-Large or the NomCom under Bylaws section 7.2(a), or for the 
removal of Directors by the Board under Bylaws 7.11(a)(i)(B) and 
7.11(a)(ii), the ALAC is deemed to have instructed the EC 
Representative to act in accordance with the Bylaws.

Alan

At 11/05/2017 11:32 PM, Seun Ojedeji wrote:
>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" 
><<mailto:alan.greenberg at mcgill.ca>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
>
>_______________________________________________
>ALAC mailing list
><mailto:ALAC at atlarge-lists.icann.org>ALAC at atlarge-lists.icann.org
>https://atlarge-lists.icann.org/mailman/listinfo/alac
>
>At-Large Online: <http://www.atlarge.icann.org>http://www.atlarge.icann.org
>ALAC Working Wiki: 
><https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)>https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://atlarge-lists.icann.org/pipermail/alac/attachments/20170512/3c8d7257/attachment.html>