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