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

Sun Aug 19 15:13:51 UTC 2012

Dear ROK, all,

My answer is below each parragraph

Kind Regards

Jose Arce.-

2012/8/19 Webmaster <rok at bango.org.bb>

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

*No problem ROK, I will address yours doubts here in English. And apologize
for **have** **not** **done this before** in English.*

>
> 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.
>
> **
>

> *Most of you have spoken out against what you called "The president's
> decision." Here is the first mistake. I never took any decision. Just see
> the English version of my email in the last paragraph I only mention the
> word "consider". All the discussion that is derived from there is
> incorrect. “**No decision was taken by the president”** or chairman or
> the name what you want to called. *
>
> 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?
>
> **
>

> *I appreciate your point of view, but everything you say is based on a
> false premise. **You** **think** **that I took a** **decision** **that
> never really** **existed**. And this happened because people read what
> they want to read and not what I really wrote. I have no fear of anything.
> My duty is to be multi-partial. Impartiality exists only as a concept. I
> must serve the interests of the entire region and this means the interests
> of each ALSes too. ***
>
> 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."
>
> **
>

> *Thanks for sharing your point of view about that.*
>
> 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.
>
> **
>

> *Again, I never took any decision. I agree on LACRALO is based on total
> participation which is a fundamental aspect of democracy*
>
> 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.
>
> *First of all, I will ask you that speak to me with respect. For one
reason and that is that I am a person with the same rights and obligations
than you and I deserve respect.*

*You have to realize that you are working in an international organization
and you can not use misplaced vocabulary. This translates into a lack of
respect to the entire region. Is not the first time that you are out of
place. I hope it is not repeated and that you become aware that you exceed
your words. Your hand is faster than your brain. *

*My favorite term is the base of the humanity: “Respect for others”.*

> 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. **

> *Let me tell you that the “debacle” was started because you **did not read
> ** **the** **email** **properly** **and you did not wait** **the English
> version** **before answer. And if you had some doubts the right way to do
> things is request a clarification. Some of the fellows sent me private
> emails asking me about the situation. *
>

> 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<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<http://mm.icann.org/transbot_archive/5da1099586.html>
> --]]
>
>
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>
>
>
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-- 
Ab. Arce, Jose Francisco
+ 54 9 351  6788920