[At-Large] [NA-Discuss] Results of the Voting for ALAC Nominating Committee 2008 Appointments

Nick Ashton-Hart nick.ashton-hart at icann.org
Fri Sep 28 04:40:20 EDT 2007


On 28 Sep 2007, at 08:22, Bret Fausett wrote:

>> The ALAC voted on the candidates on the same page, and the results  
>> were as indicated.
>> If the RALOs, or individual ALSes, believe that the Bylaws should  
>> be changed in some manner which would affect future NomCom  
>> appointments, it would be for them to suggest that.
>
> The bylaws only say that the ALAC annually shall "appoint" five  
> delegates to the NomComm. They do not say that the ALAC is required  
> to "vote" to make the appointments, so I think it would be a  
> misreading to say that the bylaws dictated the process that the  
> ALAC followed.
>

The Bylaws are indeed silent as to the mechanisms by which the ALAC  
shall choose whom to appoint to the NomCom.

> As I mentioned on the list prior to the selection, in past years  
> the ALAC representatives from each region gathered to make their  
> selection, and then the other regions simply ratified those  
> regional choices. Under the "voting" process that was followed this  
> year, however, it is theoretically possible that a person could be  
> elected from a region without having any support from the ALAC  
> representatives of that region. In an extreme example, North  
> America, South American and Europe, voting as a block, could  
> dictate the representatives for Africa and Asia. That result is  
> made possible by the procedure followed here, but it was not  
> dictated by the bylaws.
>

As to your last point, you are correct that it is not dictated by the  
Bylaws - however, as the Bylaws are silent on this point the Bylaws  
clearly do not prevent the ALAC from voting in the manner they have  
chosen to follow, either.

-- 
Regards,

Nick Ashton-Hart
Director, At-Large
ICANN
Tel: +33 (450) 40 46 88
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