[lac-discuss-es] RES: [lac-discuss-en] Quorum on Virtual Votes - LACRALO Rules

Lun Ago 27 01:17:54 UTC 2012

Dear Carlton: 

I’m so sorry it was my fault.

But  when we decided to extend the period because the Staff advised we don’t
have the minimum quorum, I’ve only looked  the Spanish version, and as you
can see, is different from the English one.  

Regla 11 - Resoluciones y enmiendas

11.1 Los participantes pueden proponer resoluciones y enmiendas, apegándose
a la Regla

1; éstas propuestas deben presentarse por escrito al Secretario de la
Asamblea, quien

distribuirá copias entre todos los participantes.

11.2 Como regla general, sólo se tratarán y se someterán a votación las
resoluciones o

enmiendas que se hayan distribuido con suficiente anticipación a todos los
participantes de

la Asamblea, en todos los idiomas con los que ésta trabaje.

<https://community.icann.org/download/attachments/2264378/AL%25202007%2520SD
%25202%2520Rev2%2520LACRALO%2520Rules%2520of%2520Procedure%2520ES.pdf?versio
n=1&modificationDate=1283972735000>
https://community.icann.org/download/attachments/2264378/AL%25202007%2520SD%
25202%2520Rev2%2520LACRALO%2520Rules%2520of%2520Procedure%2520ES.pdf?version
=1&modificationDate=1283972735000

Rule 11 - Resolutions and Amendments

11.1 Draft resolutions and amendments may be proposed by the participants
referred to in

Rule 1 and shall be transmitted in writing to the Secretariat of the
Assembly, which shall

circulate copies to all participants.

11.2 As a general rule, no draft resolution or amendment shall be discussed
or put to the

vote unless it has been circulated sufficiently in advance to all
participants in the working

languages of the Assembly.

11.2 As a general rule, no draft resolution or amendment shall be discussed
or put to the

vote unless it has been circulated sufficiently in advance, but in no case
less than two weeks,

to all participants in the working languages of the Assembly.

Should a vote in a virtual meeting not be quorate, then the chair shall
extend the close of the

vote for an equal amount of time as the original voting period. By the end
of this extension,

no quorum will be required.

APPROVED

https://community.icann.org/download/attachments/2264378/AL%25202007%2520SD%
25202%2520Rev2%2520LACRALO%2520Rules%2520of%2520Procedure%2520EN.pdf?version
=1
<https://community.icann.org/download/attachments/2264378/AL%25202007%2520SD
%25202%2520Rev2%2520LACRALO%2520Rules%2520of%2520Procedure%2520EN.pdf?versio
n=1&modificationDate=1283972736000> &modificationDate=1283972736000

We have a serious problem here. I hope the Translation WG could see this
too.  

Warm regards and for notice that!!

Sylvia

___________________________________________________

Sylvia Herlein

 <mailto:sylvia en internautabrasil.org> sylvia en internautabrasil.org

Secretaria LACRALO-ICANN/ 2012-2013 -   <http://atlarge.icann.org>
http://atlarge.icann.org

Secretaria FLUI 2009-2012

sylvia_leite=Skype

Descrição: Assinatura_Sylvia_Internautabrasil

----------------------------------------------------------------------------
--------------------------------
Dear Secretariat:
I am compelled to bring to your attention actions and/or activities
inconsistent with LACRALO Rules of Procedure, as adopted.  Refer LACRALO
RoP, Clause 11 and Clause 20, inclusive.   Hereunder, the exact wording for
Clause 11:

"*Should a vote in a virtual meeting not be quorate, then the chair shall
extend the close of the **
vote for an equal amount of time as the original voting period. By the end
of this extension,
**no quorum will be required.*"  Note the word *chair* inline the rule.

We must be assured that all actions are in keeping with the authorities
vested in each officer, especially in light of recent concerns raised about
the Chair exceeding authority. It is unclear to what extent the Chair of
LACRALO was involved with this decision.  Can you confirm that the Chair,
LACRALO exercised his authority under the LACRALO RoP, declared his
intention to you and requested that you communicate the decision to the
rest of us?

A quorum for a virtual vote presumes all ALS are present, even if not
voting. The time period allocated for the original quorum was *22-Aug-2012
23:59 UTC to 25-Aug-2012 23:59 UTC.*  That is to say three (3) days,
inclusive.  There could be other concerns as well. For example, I am
studiously avoiding the English translation of the text from the
Secretariat which says: *"**have not yet reached the minimum votes required
and that is why we have extended the deadline for voting until *February
Sunday 26 at 23:59 UTC.*"*

Assuming it was the Chair's decision that you communicated, the record will
show that your mail extended the quorum call *before* the expiration of the
original call.  That is an egregious violation of the rules.  The action is
more in line with the crystal ball gazing you see at a fairground; it
pretends to construct and know the future before it has arrived.

Secondly, the extension was for only one (1) additional day.  This is also
a plain violation since the rules would require an extension for three (3)
days.

Do be so advised.

- Carlton Samuels
The University of the West Indies ALS

==============================
Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
=============================
_______________________________________________
lac-discuss-en mailing list
lac-discuss-en en atlarge-lists.icann.org
https://atlarge-lists.icann.org/mailman/listinfo/lac-discuss-en

-- 
Ab. Arce, Jose Francisco
+ 54 9 351  6788920