[lac-discuss-en] FW: VOTE ANNOUNCEMENT (ES): Votar en 2019 LACRALO Elecciones y Principios Operativos

Tue May 7 16:02:08 UTC 2019

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Subject:Re:   FW: VOTE ANNOUNCEMENT
	(ES):	Votar en 2019 LACRALO Elecciones y Principios Operativos
Desde:carlos dionisio aguirre <carlosaguirre62 at hotmail.com>

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Dear All.

When a situation like the one we have at this moment in the region is raised and related to questions of rules and regulations to which we are subject, it is essential to intervene and appear at a higher level, which elucidates the proposal and the arguments of the controversial positions.
Without going into the fine analysis of the issue and understanding that both positions have valid foundations, I believe that in this particular moment where a definition is required, we should appeal to the one who corresponds to give clarity and solution.
Once this instance has been overcome, we should immediately constitute a body among the representatives of the ALS
In order to solve the drawbacks of overlapping and ambiguity in the regulations that govern us, in order to avoid future situations such as the present and to give transparency to the processes, and thus avoid suspicions of all kinds.
my 2 ctvos.

Carlos Dionisio Aguirre
ADIAR

From: lac-discuss-es <lac-discuss-es-bounces at atlarge-lists.icann.org> on behalf of alberto at soto.net.ar <alberto at soto.net.ar> Sent: Tuesday, May 7, 2019 12:44 To: 'Fatima Cambronero'; 'Humberto Carrasco' Cc: 'Carlton Samuels'; 'At-Large Staff'; lac-discuss-es at icann.org; 'LAC Discuss' Subject: Re: [lac-discuss-es] [lac-discuss-en] FW: VOTE ANNOUNCEMENT (ES): Vote in 2019 LACRALO Elections and Operating Principles

In addition, Fátima proposes the modification of norms that require a special majority, not the approval of an approval of a comment that requires a simple majority.
Please humberto, do not confuse the Region.
I insist, the main problem is that the Operating Principles are not VALID. That is why I asked the leadership of LACRALO to urgently send the Operating Principles to the Legal Department of ICANN to have their opinion. I hope you have already done it.
regards

Alberto Soto

From: lac-discuss-es <lac-discuss-es-bounces at atlarge-lists.icann.org> On behalf of Fatima Cambronero Sent on: Tuesday, May 7, 2019 02:07 am To: Humberto Carrasco <hcarrasco at cmsz.cl> CC: Carlton Samuels <carlton.samuels at gmail.com> ; At-Large Staff <staff at atlarge.icann.org> ; lac-discuss-es at icann.org; LAC Discuss <lac-discuss-en at atlarge-lists.icann.org> Subject: Re: [lac-discuss-en] [lac-discuss-en] FW: VOTE ANNOUNCEMENT (ES): Vote in 2019 LACRALO Elections and Operating Principles

Humberto,

You're talking about a quorum and I'm talking about a majority to make valid decisions. Two different things.

Regards,
Fatima

The sea., May 7 from 2019 00:02, Humberto Carrasco <hcarrasco at cmsz.cl> wrote:

Fatima,

Article 6 does not apply by article 19 of the current rules of procedure, when we are in the presence of a virtual meeting:

錙 When a Virtual Meeting of the Assembly is held, the following rules will not apply:

6, 12.3

Without prejudice, who considered that in my proposal the rule of the majority of the ALS referred to in article 12.2 of the rules of procedure applies, if we follow your thesis in relation to the quorum of the 2/3 that you indicate, I ask present that in a virtual meeting, this quorum may not be necessary. Here rule 11.3 of the current Rules of Procedure must be kept in mind:

錑 .3 In case of voting in a virtual meeting where there is no quorum, the President shall extend the closing of the voting by an equal amount of time to the original voting period.After said extension, the quorum will not be required.

regards

Sent from my iPhone
On 06-05-2019, at 23:55, Fatima Cambronero <fatimacambronero at gmail.com> wrote:

Dear,

I agree with some ideas expressed by Alberto.
And with all due respect, I would also like to request that you do not manipulate the Operating Principles or the Rules of Procedure of LACRALO.
Assuming without granting that the current Operating Principles have been approved respecting all the regulations applicable at the time of such approval, and even if the new Rules of Procedure have not been approved, this does not mean that we do not have Rules of Procedure.

The Rules of Procedure that we have currently in force, are available at the following link: https://community.icann.org/pages/viewpage.action?pageId 㵉 352819

They have not been modified or expressly repealed, so, I insist, are still valid.

Therefore, as the current Operating Principles, in number 6 indicate that an Extraordinary General Assembly will be required for changes or modification of bylaws, any individual proposal that occurs to them now (and Humberto sorry, it is not against your proposal either) , or a combination of individual proposals, which wants to be put to a vote now, will be valid, since this will require an Extraordinary General Assembly. And for that, it will be necessary to resort to the Rules of Procedure in force. As these Rules do not regulate the Extraordinary General Assembly, but only the General Assembly, with all due respect, this was a shot in the foot.
That is, until the Rules of Procedure are modified and the operation of an Extraordinary General Assembly is regulated, the Operating Principles can not be modified.

Additionally, by the time the Rules of Procedure are to be modified, please take into account what is established in Rule 17 on the Amendments to the Rules of Procedure:
"The Assembly may amend these Rules of Procedure in a plenary session and by a two-thirds majority of the votes of the representatives of the present ALSs that vote."
Again, with all due respect, for now let's not waste time discussing changes to the Operational Principles because legally we can not, but rather we think how the modification to the Rules of Procedure will be done, with the required requirements and covering the spaces that were left empty in the Operating Principles.
Best regards,
Fatima

Mon., May 6 2019 at 20:58, Carlton Samuels ( <carlton.samuels at gmail.com> ) wrote:

Dear All:
I read this and I am a little bit surprised.

First of all, in the matter of electing new Chair, Secretariat and ALAC member, there is no retroactive impact from the new Operating Principles.

Those positions were elected under the extant RoP. And by those rules, the incumbents in position of Chair, Secretariat and one ALAC member comes to the end of their natural elected lives at the next ICANN general meeting; November 2019.

To argue that the Chair and Secretariat deserve another round and we should exercise forbearance and begin with the incumbents would be rational, more factual and, one that I could, arguably, support.Suffering from retroactivity can not and may not be offered as a reason. It is simply too far to bridge.

Carlton
================= Carlton A Samuels Mobile: 876-818-1799 Strategy, Process, Governance, Assessment & Turnaround = =====================================================

On Mon, May 6, 2019 at 3:36 PM ICANN At-Large Staff <staff at atlarge.icann.org> wrote:

Dear LACRALO members,

Email sent to ENGLISH list on behalf of Humberto Carrasco.

Thank you!

ICANN Policy Staff in support of the At-Large Community
E-mail: Staff at atlarge.icann.org
Website: atlarge.icann.org
Facebook: facebook.com/icannatlarge
Twitter: @ ICANNAt-Large

From: "lac-discuss-es-bounces at atlarge-lists.icann.org" <lac-discuss-es-bounces at atlarge-lists.icann.org> on behalf of Humberto Carrasco <hcarrascob at gmail.com> Date: Monday, May 6, 2019 at 2:14 PM To: Dev Teelucksingh <devtee at gmail.com> Cc: "lac-discuss-es at icann.org" <lac-discuss-es at icann.org> Subject: Re: [lac-discuss-en] VOTE ANNOUNCEMENT (ES): Vote in 2019 LACRALO Elections and Operating Principles

Spanish
English
Dear friends,

Through this email, I allow myself to make a proposal of what I understand these elections should be.
I do not agree to give retroactivity to the principle of rotation. This means that the current leaders (president and secretary) will only have one year, instead of 2 years as established by the new operating principles. This is a discrimination that has no basis.
Nor do I agree with the interpretation that Dev presents in his email about what he understands about the principle of rotation. The interpretation of Dev was not what we talked about in Puerto Rico.According to my interpretation of the principle of rotation, this should work in the following way and to explain my point I will use my case as an example: When I finish my term as ALAC MEMBER (2020), there will be elections for this position. My interpretation of the principle of rotation has two consequences:
1.- A negative aspect: to choose the person who assumes the position of Member of ALAC, this person can not belong to the subregion of the Andes to which I belong.
2.- A positive aspect: for the next election of President - Vice President and Secretary of the Secretariat (2021) there are no impediments for someone from the Andes region to present themselves.
For these reasons, I would like to make the following proposal that begins with the current positions and sub-regions:
Dear Friends,

Through this email, I allow myself to make a proposal of what I understand these elections should be.
I do not agree in giving retroactivity to the principle of rotation.This means that the current leaders (president and secretary) will only be one year, instead of 2 years as established by the new operating principles. This is a discrimination that has not basis.
Nor do I agree with the interpretation that Dev's in its mail about what I understand about the rotation principle. Dev
s interpretation was not what we talked about in Puerto Rico. According to my interpretation of the principle of rotation, this should work in the following way and in order to explain my point I will use my case as an example: When I finish my period as ALAC MEMBER (2020), there will be elections for this position.My interpretation of the principle of rotation has two consequences:
1.- A negative aspect: To choose the person who assumes the position of ALAC Member, this person can not be from the Andes sub region to which I belong.
2.- A positive aspect: For the next election of Chair - vice-chair and secretary vice-secretary (2021) there is no impediment that someone from the region of the Andes should run.

For these reasons, I would like to make the following proposal that starts from the current positions and sub regions:

PROPOSAL

Start with the current charges respecting the principle of non-retroactivity of the law.

Possibility that all current leaders can be reelected.

New leadership positions will be elected (vice president and vice secretary).
The proposal is the following:

PERIOD 2019
2021
CHARGES
REGION
President
D: MERCOSUR
Vice president
B ANDES
Secretary
B: ANDES
Vice Secretary
A: CENTRAL
ALAC Member 1
C: CARIBBEAN
Recommended by LACRALO to work at NOMCOM
C: CARIBBEAN
ALAC Member appointed by NOMCOM
Member chosen by NOMCOM

I suggest taking Dev's proposal and mine and submitting them to a vote of LACRALO so that we can move forward.

PROPOSAL

To start with the current leadership positions respecting the principle of Non-Retroactivity of the Law.

Possibility that all current leaders can be reelected.

New positions will be elected (vice Chair and vice secretary).

The proposal is the following:

PERIOD 2019
2021
CHARGES
REGION
Chair
D: MERCOSUR
Elected Chair
B ANDES
Secretary
B: ANDES
Elected Secretary
A: CENTRAL
ALAC Member 1
C: CARIBBEAN
Advised by LACRALO to serve within NOMCOM
C: CARIBBEAN
ALAC Member appointed by NOMCOM
Member elected by NOMCOM

I suggest taking Dev's proposal and mine and submitting them to a vote of LACRALO so that we can move forward. [ERROR: Sentence too long to translate (1103> 1000 bytes)] 7.2.a - The region is divided into four (4) subregions that comprise the following countries: A) Central America and Mexico: Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Mexico and Panama. B) Andes: Bolivia, Chile, Colombia, Ecuador, Peru and Venezuela.C) Caribbean: Antigua and Barbuda, Bahamas, Barbados, Cuba, Dominica, Grenada, Guyana, Haiti, Jamaica, Dominican Republic, Saint Vincent and the Grenadines, Saint Lucia, Saint Kitts and Nevis, Suriname and Trinidad and Tobago D) Mercosur: Argentina, Brazil, Paraguay and Uruguay. We begin the rotation using the definitions of the sub-regions in the OP and sequentially numbered. The rotation starts in the following subregion from the domicile of the acting President, the Secretariat and the ALAC.This means that for this year: - The nominations for pre
 sident of region A (since the president is from region D) will be sought for a period of two years. - Nominations of elected presidents will be sought in region B, excluding Chile (for being a member of ALAC) for a period of two years. - The nominations of Secretaries of Region C will be sought (since the Secretary is from Region B) excluding Trinidad and Tobago (by the Nomcom member) for a period of two years.- Nominee nominations of Region D elected secretaries will be requested for a period of two years. ALAC nominations will be from Region D (as a C ALAC member) for a period of two years. Dev Anand Teelucksingh On Thursday May 2, 2019 at 9:29 am Vanda Scartezini <vanda at scartezini.org> wrote: <TBT> dear friends The proposal of alternatives of choice raises some points that are not clearly established: I understood that there was a small group to define the options for the election in May.The first option raises an important issue. It declares using the electoral rules of the curr
 ent rules of procedure (rules 12, 13, 19 and 20) to elect all leadership positions (president, vice president, secretary, deputy secretary and member of ALAC) and choose the candidate suggested for the NOMCOM to which the new operating principles refer. How will we define how the principle of rotation will begin to vote for Nomcom? Why is the proposal to use the new rule and state that they will follow the Nomcom rules, the ALAC rules and the principles of rotation?
Alphabetical order?We have the Caribbean in position,
So the next possible candidate will be Central America? Any other alternative to start the rotations? This alternative is not clearly established in the voting process, so no one will see what the idea is. On the other hand, if we have an agreed solution to start the rotation process,
Why not vote under this process for all members? Regarding option 2, it is even more conclusive:
the proposal is not to have a voting process at all? It is not clear if we will vote or if the current members in all positions will remain until 2020.Appreciate clearer information before voting. Vanda Scartezini Polo Associate Consultants AV.Paulista 1159, cj 1004 01311-200- Sao Paulo, SP, Brazil Landline: +55 11 3266.6253 Mobile: + 55 11 98181.1464 Sorry for any typographical errors. [[--Original text (en) Translated by transbot 2.18-2.04 http://mm.icann.org/transbot_archive/a45d38927b.html -]] _______________________________________________ lac-discuss-en mailing list lac-discuss-en @ atlarge- lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/lac-discuss-es [atlarge-lists.icann.org] http://www.lacralo.org [lacralo.org]

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-
Fatima Cambronero
Head of the Computer Law Area of R10S Abogados www.riosabogados.com México

Phone: Mexico: +52 (55) 5252 2581 Twitter: @facambronero Skype: fatima.cambronero

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