[lac-discuss-en] (no subject)
carlos dionisio aguirre
carlosaguirre62 at hotmail.com
Thu Aug 9 01:20:37 UTC 2012
Folks : Rules are rules and have to be respected. I think after to read the Joses email our OP are clear on this precise point. I think who do a nomination previously must know the specific obligatíons that candidate must fullfil to avoid this unfortunately situatíon where we have to exclude a possible candidate. Im convinced some of our LACRALO leaders need urgently study our rules.
Its a pity, now we have less options to choose.
Carlos Águirre.
Enviado desde mi dispositivo inalámbrico BlackBerry®
-----Original Message-----
From: asoto at ibero-americano.org
Date: Thu, 9 Aug 2012 00:52:20
To: <lac-discuss-en at atlarge-lists.icann.org>
Subject: Re: [lac-discuss-en]
[[--Translated text (es -> en)--]]
Subject: Re: =? Iso-8859-1? Q? Consulta_a_la_Regi = F3n_-_Eleccion? == Iso-8859-1? Q? Es_ALAC_!? =
From: asoto at ibero-americano.org
I agree with Carlos, I always said that the rules ESTN to comply. Otherwise
ESTN correct, but if you have to modify ESTN not modified, it must be
comply. Sorry my dear Humbert.
Best Regards
Alberto Soto
----- Original Message -----
From: lac-discuss-es-bounces at atlarge-lists.icann.org
[Mailto: lac-discuss-es-bounces at atlarge-lists.icann.org] On Behalf Of
cveraq at gmail.com
Posted on: Wednesdays, August 8, 2012 9:34 pm
To: JosFrancisco Arce; lac-discuss-es-bounces at atlarge-lists.icann.org;
LACRALO Espaol
Subject: Re: [lac-discuss-en] Query to Regin - Elections ALAC!
If the same residence and Humberto says this is not consistent
As required, then in my opinion, sadly so valuable
candidate should not participate and should the same excuse.
Carlos Vera
----- Original Message -----
From: Maple JosFrancisco <josefranciscoarce at gmail.com>
Sender: lac-discuss-es-bounces at atlarge-lists.icann.org
Date: Wed, 8 Aug 2012 21:00:02
To: LACRALO Spanish <lac-discuss-es at atlarge-lists.icann.org>
Subject: [lac-discuss-en] Query to Regin - Elections ALAC!
Dear,
I am writing this time to participarlos in a situation that is
has occurred in the past weeks in LACRALO concerning the situation of
Humberto Carrasco as a candidate member of ALAC, taking up residence
Edinburgh current and possible conflict with the operating principles of
LACRALO in rule # 8 (cited below).
I received mail from ICANN Staff even referring to this situation
particular, and several emails from concerned members of the region and doubts
prximas about elections. And it has become a topic that deserves
the discusiny knowledge of the region.
Before sending this email, I had a chance to talk personally with
Humberto and he shares the idea of \u200b\u200bdebating between all this situation.
Of all the consultations and talks I've been assembling a summary of the
general issues and concerns and to share with you
have a say.
Regards
JosArce. -
President of LACRALO
* Location * Humberto Carrasco
Humberto estviviendo in Edinburgh, Scotland, and a Ph.D. estestudiando
at the University of Edinburgh. he himself has expressed this situation when
enviun electronic mail discussion list to LACRALO, accepting the
nominacin proposed as representative of LACRALO to ALAC.
http://atlarge-lists.icann.org/pipermail/lac-discuss-es/2012/004678.html
There are also e-mails in the list of discussion LACRALO
where l asked them to call for a conference LACRALO where
provides a phone number in Scotland to receive the call.
http://atlarge-lists.icann.org/pipermail/lac-discuss-en/2012/005262.html
In addition to the Personal page of Facebook, where each user
provides the data you want to provide a voluntary basis, Humberto has
expressed that lives in Edinburgh, Scotland.
https://www.facebook.com/humberto.carrasco.376
<http://atlarge-lists.icann.org/pipermail/lac-discuss-en/2012/005262.html> Ta
mbin
on your personal Facebook profile, Humberto has said that comenzsus
studies at the University of Edinburgh in the year 2011. As is audience
knowledge, to study a PhD from the branch that case, demand much more
a year of study, it is inferred that still estviviendo in
Edinburgh and studying his PhD at the University of Edinburgh.
https://www.facebook.com/humberto.carrasco.376/info
* Residency requirements for a PhD study at the University of
Edinburgh (Scotland) *
In accompanies the link details the residency requirements for
studying a PhD at Edinburgh in the telecommunications sector
estrealizando like Humberto.
http://www.drps.ed.ac.uk/08-09/regulations/postgrad.php
Among those requirements contained in Section 4 requires that candidates for
* PhD must maintain their residence in Edinburgh ** During the period of
study * (in doctorates have a minimum of 3 years of duration) unless
a leave of absence has been allowed. * The term residence in
Edinburgh: City residence in or near Edinburgh, and
candidate proximity to Edinburgh, to allow ease of
face to face meetings with their supervisors and study, led by
supervisor and approved by the Faculty *.
This document from the University of Edinburgh also provides the
possibility of residence elsewhere for PhD candidates by the end of
fieldwork and research acadmicas but not exceeding the
within 15 months, but must reside at least 9 months of the
duration of his PhD in Edinburgh. To use this option
debern candidates obtain the written authorization of the Director of
School and the need to maintain regular contact with its own
supervisor.
Permits for reasons other than field work or research
acadmicas, Sern exceptionally granted by the Faculty.
* Requirements for representatives to ALAC LACRALO *
The first rule to which we go is our Operating Principles
LACRALO, which are referred to this situation explicitly,
exhaustive and clear.
In case there are gaps in this topic in our Operating Principles,
freshly ahse must resort to external rules such as Rules
ALAC procedure, and then freshly ICANN's Bylaws.
The ALAC Rules of Procedure have nothing planned for this
subject. The ICANN Bylaws relating to the residence, but only
respect to the Directors of the Board and to comply with the requirement of
regional diversity and estcontemplada expressly required to
to become members.
* Operating Principles LACRALO *
LACRALO Operating Principles have in principle number 8,
referred to the first paragraph shall LACRALO representatives to ALAC so
states:
8.The LACRALO elect two (2) individuals to serve as representatives
to the At Large Advisory Committee (ALAC), in the terms that have been
specified in the ICANN Bylaws. ALS only those which have been
accredited before the votacin, podrn vote in the choice. Each ALS
tendrderecho accredited to one vote. The representatives selected *
* Must be members of different ALS, * shall have their place of residence
main in different passes of the region *, and their nationalities must be
different. Tendrna representatives responsible for the duties
stipulated in the bylaws of ICANN. *
https://community.icann.org/download/attachments/2264378/Principios%2520Oper
ative 2520la%%% 2520de 2520Rev1 2520LACRALO%% 2520 -% 220ES% 2520.pdf? version = 1 & mod
ificationDate = 1283972736000
*
* Interpretation of ICANN's lawyers *
Sam Eisner writes =>
STARTS ** **
The LACRALO may wish to Consider how issues of diversity are discussed This in
the ICANN Bylaws for the Purposes of Determining domicile / residency:
For Purposes of This sub-section 2 of Article VI, Section 2 of the ICANN
Bylaws, if Any candidate for Director Maintains citizenship of more than one
country, or Has Been domiciled for more than five years in a country of
Which candidate does not Maintain the citizenship ("Domicile"), That
candidate may be Deemed to be from Either Must select country and in his / her
Statement of Interest the country of citizenship or Domicile That he / she
wants to use the Nominating Committee for Diversity Calculation purposes.
For Purposes of This sub-section 2 of Article VI, Section 2 of the ICANN
Bylaws, a person can only have one "Domicile," Which Shall Be Determined by
Where the candidate has a permanent residence and place of habitation.
There are issues of citizenship of Considerations (Which do not seem to be at
With This issue candidate) and WHERE I lives. The NomCom Requirement sets
to 5-year window Which Could allow for items Such as schooling, etc..
The LACRALO may wish to Consider Whether a school's Requirement That a
matriculant to live near the school education equals a historical weitere
Requirement That the matriculant not Maintain Any sort of longer residence
They may wish and elsewhere to Discuss this With The Candidate Before
Taking a decision on Whether the candidacy is viable. Whatever decision is
taken, I would recommend getting a full view of the facts from the
candidate, and not basing a decision on independent Internet research FULLY.
I do not see in the document ops ALAC That There's Any discussion of
Requirements residency, so I do not see a conflict there.
ENDS ** **
The consultation on ICANN's lawyers express the statement
above. Although they forget that when the situation presented esttbNL> expressly provided in our bylaws, we must turn in
First, to them. In addition refer to the elections by the
NomCom, which are governed by rules different from LACRALO.
In this case, we are looking to choose for the region, a representative of
LACRALO to ALAC.It must apply the rules governing our
region, not the NomCom. The NomCom is aplicarn when choosing
candidates for office, it is not our case.
Apply rules of strange JURISDICTION affect independence and autonomy *
you must have a RALO: the possibility of passing their own statutes and
abide by them *.
*
*
* How should interpret the residency requirement? *
Legally, the residence comprises two elements: the * body * and * animus *.
Ie, physically meet in one location (with the body of the person
in that place, living in a particular place) and in addition the person must
make the intention, the * animus *, to remain there.
In the documentation acompaada demonstrated that Humberto Carrasco, live,
resides, has his * corpus * in Edinburgh and in addition you have the intention (the
* Animus *) to remain there, because n is studying its
Doctoral and to finalize debercontinuar living in Edinburgh, such
as required by the regulations of residence for the doctorates
University of Edinburgh.
Addition is proper and nature of the residence, a person not
WHO can have two residence in different places and at the same time,
mainly because a person only has a body. Ie
in our case, Humberto can not have their residence, live in Edinburgh
and Chile, at the same time.
Also come to the aid in determining the residence of individuals,
generally in the tax laws of each country. Because
is understood as a general rule, that all citizens are taxed in the country
where they live or have their principal residence. With few exceptions, in the
a person living in a given an country, another debertributar
country, if the second is source of income.
If it is held that Humberto has a residence in Chile, we use the
tax sharee'ah that country, especially that relating to tax
on income from property in Chile or activities
l developed, ie Chilean source.
For the Chilean sharee'ah residence time means, for purposes
Tax to:
* "Resident" means any natural person to remain in Chile more than six months
in a calendar year, WHO six months in total, in two years
consecutive tax, *
Therefore, we must ask, assuming that a person can not
have two different residences and at the same time, if resident in
Chile means being more than six months in the country, and on the other hand,
residence regulations of the University of Edinburgh, will require
Humberto live in Edinburgh or its vicinity during the term of their
studies, how may reside at the same time in Chile and Edinburgh?
*
*
* The point to be discussed is (from my point of view): *
It violates the requirement of establishing residence Principles
* Operating LACRALO have its principal place of residence in different
passes the region by Humberto Carrasco currently have residency
Edinburgh? *
I hope we can discuss this issue to make clear our
processes.
_______________________________________________
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