<html>
<body>
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. <br><br>
Alan<br><br>
At 12/05/2017 02:25 PM, Seun Ojedeji wrote:<br>
<blockquote type=cite class=cite cite="">Hello Alan,<br><br>
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. <br><br>
Regards<br>
Sent from my LG G4<br>
Kindly excuse brevity and typos<br><br>
On May 12, 2017 06:05, "Alan Greenberg"
<<a href="mailto:alan.greenberg@mcgill.ca">alan.greenberg@mcgill.ca</a>
> wrote:
<dl>
<dd>Thanks for the vote of endorsement Seun.<br>
<dd>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. <br>
<dd>Alan<br>
<dd>At 11/05/2017 11:32 PM, Seun Ojedeji
wrote:<blockquote type=cite class=cite cite="">
<dd>Hello Alan,<br>
<dd>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.<br>
<dd>I think it's just fine for you to do what you have just done now in
future.<br>
<dd>Regards<br>
<dd>Sent from my LG G4
<dd>Kindly excuse brevity and typos<br>
<dd>On May 12, 2017 4:22 AM, "Alan Greenberg"
<<a href="mailto:alan.greenberg@mcgill.ca">alan.greenberg@mcgill.ca</a>
> wrote:
<dl>
<dd>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.
<dd>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.
<dd>Therefore the designation is done by those five people without any
discretion to second-guess the selecting body.
<dd>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.
<dd>It is clear that the intent of the CCWG-Accountability and the Bylaws
are to not actually involve the five Decisional Participants.
<dd>Extracts from the ICANN Bylaws and the ALAC RoP are attached.
<dd>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.
<dd>I will also be proposing an amendment to our Rules of Procedure to
correct this inadvertent problem.
<dd>Alan
<dd>_______________________________________________
<dd>ALAC mailing list
<dd><a href="mailto:ALAC@atlarge-lists.icann.org">
ALAC@atlarge-lists.icann.org</a>
<dd>
<a href="https://atlarge-lists.icann.org/mailman/listinfo/alac" eudora="autourl">
https://atlarge-lists.icann.org/mailman/listinfo/alac</a>
<dd>At-Large Online:
<a href="http://www.atlarge.icann.org">http://www.atlarge.icann.org</a>
<dd>ALAC Working Wiki:
<a href="https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)">
https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)</a>
</dl>
</dl></blockquote></blockquote></body>
</html>