[lac-discuss-en] =? Iso-8859-1? Q? Confusion = F3n_-_ClarF3n_de_la_Regi =? == Iso-8859-1? Q? Ificaci = F3n? =

Sun Aug 19 14:04:27 UTC 2012

Jose,

I am having trouble with the translation but from what I understand you to 
say, this is my response:

You did make a decision which is not properly yours to make. You cannot 
determine that a candidate does not meet the requirements when there is 
ample evidence in the rules that suggests that the candidate meets the 
requirements. A ruling is a decision one way or the other. It is a matter of 
opinion and you sought to impose your opinion. If the rules wanted a 
Chairman to make executive decisions it would have spelt it out in the same 
manner that it spelt out the administrative role of the Secretariat. If a 
rule is not there you cannot assume you can undertake this role.

The rules are very clear and you cannot impute a role for yourself that is 
not there. There is a reason why the Chairman does not have an executive 
role and it is clear from the rules that the reason this is not so, is 
because the rules make provisions for all members to participate in decision 
making. This is very consistent with the spirit of the rules. What is 
inconsistent with the rules is that one person cannot make a decision on 
behalf of all the members of LACRALO and therefore in the absence of 
specific provisions to make such a decision, you will be exceeding your 
boundaries if you do so. In law such action is called "Ultra Vires".

How can it be a mistake to let members decide? Are you saying that the 
members are not competent to make such a decision? Or are you afraid that 
the majority will decide that Humberto meets the requirement, which is what 
you don't want? Do you not trust the majority to make the right decision?

Now this is a problem. You are not "President". You are Chairperson. The use 
of the word president is misleading and you cannot assume that because you 
are Chairperson that you have any executive authority. Your role as 
Chairperson is spelled out in the Operating Principles of LACRALO at 
paragraph 4:

"His duties will consist of, among other things, establish a link between 
the discussions in ALAC and the contributions made by the region, represent 
the region in the ALAC face-to-face meetings and chair the debates of the 
Assembly held through discussion lists, teleconferences and face-to-face 
meetings."

No decision making here except in chairing meetings. Even your role as 
emissary does not allow you to make any decisions or declare any LACRALO 
positions that were not approved by the members of LACRALO. It seems clear 
to me that the rules are written this way because LACRALO is based on total 
participation which is a fundamental aspect of democracy. It also means that 
ICANN and LACRALO do not want any one-man decisions. They were established 
to get wide inputs. This is consistent with how ICANN operates (seeking 
inputs from users) and it is obvious that LACRALO was established in this 
spirit. According to the rules, this is not a one-man show. It is a 
collective operation. Let us therefore respect the rules and not flout the 
rules to make them what one man wants them to be.

To use your favorite term, there is no "power" in the hands of the 
chairperson, all the power is in the hands of the members collectively. The 
rules are very clear about this. As a member of LACRALO I am not going to 
sit by and allow you to make a precedents that goes against the spirit of 
LACRALO or ICANN which were set up for the specific purpose of gathering the 
opinions of internet users to influence ICANN policy.

Let me state here that the Secretariat is endowed with all the executive 
powers given and this is limited to administration, whereas the Chairperson 
has no executive powers at all. Again the role of the organisation is the 
reason for this because even the Secretariat cannot make such a decision. I 
would therefore, suggest that you get familiar with the rules in order to 
avoid a repeat of this kind of debacle. I suggest also that the members who 
made the rules were not hallucinating or in a drunken state at the time, 
they knew exactly what they were doing and they wrote exactly how they 
wanted the organisation to be managed. The "power" of LACRALO is in the 
Assembly and it is specified how the Assembly is constituted.

ROK

-----Original Message----- 
From: josefranciscoarce at gmail.com
Sent: Sunday, August 19, 2012 8:59 AM
To: lac-discuss-en at atlarge-lists.icann.org
Subject: [lac-discuss-en] =? Iso-8859-1? Q? Confusion = 
F3n_-_ClarF3n_de_la_Regi =? == Iso-8859-1? Q? Ificaci = F3n? =

[[--Translated text (es -> en)--]]

Subject: =? Iso-8859-1? Q? Confusion = F3n_-_Clar F3n_de_la_Regi =? == 
Iso-8859-1? Q? Ificaci = F3n? =
From: josefranciscoarce at gmail.com

Dear,

Just to clarify the situation so far seems confused about
the issue of the application of ALAC, I will discuss briefly the situation
raised.

1) The majority of you have spoken out against what you
The decision of the president called. I have that first error. I never
decisin take some text and copy the last paragraph of my email, where
you see, just say the word THINK. All that is
alles drift incorrect. PRESIDENCY took no decision.

* ... The Presidency considers that Mr. Humberto Carrasco NOT meet
required residency requirements to be accepted as a candidate
vlido within the election process that is open to cover
representative office of LACRALO to ALAC * ...

2) It is a mistake to go to a votacin agree or not a decisin
that does not exist and never existed. This president never expressly
against which the region is expressed and to take the decision. : What I 
will not
and allow opondr me, voting is based on incorrect assumptions and
against decisions that did not exist.

3) Not having clear rules brings disadvantages. The powers of the
estn presidency within a frame within a valid assembly. No
ALUSIN there any permisin to make a decision of that kind,
but there is no explicit negation thereof.

With these points covering the cuestin aqusolo wanted to clarify, and
tendroportunidad the day Monday to answer the questions you
want. Again, the president never took a decisin nor opposed the
votacin. Likewise consult with the legal staff of ICANN, and
talk to everyone who should speak, cuestin also expressed in my email.
I ask all who read the email again and if in doubt consult
close range.

With this aclaracin, hopefully clarification on Monday and fix everything.

Regards

JosArce
_______________________________________________

[[--Original text (es)
http://mm.icann.org/transbot_archive/5da1099586.html
--]]

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