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

[Seun Ojedeji]

Hello Alan,

Thanks for your response, while I understand this is a non-issue, my
preference is that the Chair do a quick consensus call of the ALAC when
such happens and ALAC decision recorded accordingly.

Regards
Sent from my LG G4
Kindly excuse brevity and typos

On May 12, 2017 06:05, "Alan Greenberg" <alan.greenberg at mcgill.ca> wrote:

> 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" <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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