[ALAC] CORRECTION: Empowered Community Action to appoint new directors

[Alan Greenberg]

Hi Sebastien,

This was discussed when we were first called upon 
to name the At-Large, GNSO and ccNSO Directors 
earlier this year. See 
http://atlarge-lists.icann.org/pipermail/alac/2017-May/010394.html.

There is in fact a possible discrepancy within 
the Bylaws and this is also reflected in our RoP. 
The Bylaws require that the appointment of Board 
members be unconditional (and not need action of 
the AC/SO), but they also say that the 
Administrative Representative of the Decisional 
Participant (the ALAC) must act solely as 
directed by the Decisional Participant.

In discussion with ICANN Counsel, there does not 
seem to be any real concern over this, either at 
the ICANN legal level or the other AC/SOs, but my 
recommendation is that we change out RoP to make 
it clear that for the appointment of directors 
(and for the removal of Directors by action of 
the Board), that the Administrative Representative can act without instruction.

In the short term, we are acting under our rules 
that allow the Chair to take action on his/her 
own when there is a matter of urgency, and have 
it ratified by the ALAC after the fact. But we 
will amend our RoP to cover this when we do the next revision.

Alan

At 06/09/2017 04:57 AM, Sebicann Bachollet wrote:
>Dear Alan,
>I am wondering how it’s fit with our ROP?
>Thanks
>SeB
>
> > Le 4 sept. 2017 Ã  17:46, Alan Greenberg 
> <alan.greenberg at mcgill.ca> a écrit :
> >
> > In accordance with the ICANN Bylaws and 
> following the announcement of the NomCom 
> selections 
> (https://www.icann.org/news/announcement-2-2017-09-01-en), 
> I have notified the Empowered Community 
> Administration that I support naming Avri Doria 
> and Sarah Deutsch to sit on Seats 7 and 8 
> respectively of the ICANN Board for the term 
> beginning at the conclusion of ICANN's Annual Meeting in 2017.
> >
> > Alan
> >
> > _______________________________________________
> > ALAC mailing list
> > ALAC at atlarge-lists.icann.org
> > https://atlarge-lists.icann.org/mailman/listinfo/alac
> >
> > At-Large Online: http://www.atlarge.icann.org
> > ALAC Working Wiki: 
> https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)