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

[Alan Greenberg]

Seun, that is not an acceptable process. Doing a Consensus Call 
implies that this is a decision of the ALAC and the Bylaws make it 
clear that it is not. ICANN legal counsel has been very clear on 
that. As well, although not a likely occurrence, if there is a 
removal of a Director by the Board, that must be carried out immediately.

Alan

At 12/05/2017 02:25 PM, Seun Ojedeji wrote:
>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" 
><<mailto:alan.greenberg at mcgill.ca>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" 
>><<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
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>>
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