[NA-Discuss] WTF?

[Alan Greenberg]

The situation is not that simple. Prior to the changes, section 5 of 
the Operating Principles (OP) started with:

"The governance of the NARALO will be exercised by a General 
Assembly, formed by 2 representatives of each member ALS and 2 
members from among the unaffiliated individuals." In practice, we 
have used just 1 representative per ALS and Unaffiliated Members, but 
according to that Unaffiliated Members were represented in General 
Assembly votes. The revised OP changes that 2 to become 1 in line 
with our existing practices.

However, section 15 says:

"These Operating Principles will take effect when adopted by not less 
than 70% of the active North American At-Large Structures. They may 
be amended at any time by an affirmative vote of not less than 70% of 
active North American At-Large Structures."

So although the Unaffiliated Members are represented in votes of the 
General Assembly, they were NOT deemed to participate in revision of 
the Rules of Procedure. We have always referred to the Unaffiliated 
Members as a "Virtual ALS", but the OP never included such a 
reference. I was not an active participant in writing the original 
OP, but I would like to think that this was an inadvertent omission 
and not deliberate. If I had noticed this during the OP revision 
process, I certainly would have raised the issue.

I can't speak for why staff reported the vote as they did, but based 
on these rules, it would appear that the error was in including the 
Unaffiliated Members in the poll, and not how the results were reported.

I would suggest that we fix this with due haste.

In parallel, we also need to look at our Rules of Procedure. These 
replicate the "2 per ALS" and there are a number of other places 
where they conflict with the OP.

Alan

At 11/10/2010 11:21 PM, Thompson, Darlene wrote:
>Hi all,
>
>I do not believe that Beau put in in an SOI to become the "vote" of 
>the unaffilated members nor do I believe that they voted for him to 
>be their "voice".   This is why we entrenched this position into the 
>changes to the RoP.  We need to have more formal votes for this 
>position.  I do not believe that our RoP gave a vote to the 
>unaffiliated voice prior to the vote so this is now in force but was 
>not before.
>
>That is my understanding of it, anyways.
>
>D
>
>Darlene A. Thompson
>CAP Administrator
>Nunavut Department of Education/N-CAP
>P.O. Box 1000, Sation 910
>Iqaluit, NU  X0A 0H0
>Phone:  (867) 975-5631
>Fax:  (867) 975-5610
>E-mail:  dthompson at gov.nu.ca
>
>________________________________
>
>From: na-discuss-bounces at atlarge-lists.icann.org on behalf of Evan Leibovitch
>Sent: Mon 10/11/2010 11:10 PM
>To: Beau Brendler
>Cc: na-discuss at atlarge-lists.icann.org
>Subject: Re: [NA-Discuss] WTF?
>
>
>
>On 11 October 2010 19:38, Beau Brendler <beaubrendler at earthlink.net> wrote:
>
> > This has probably been explained before, but:
> >
> > Please note that Beau Brendler participated in the vote on behalf of the
> > unaffiliated members. While his vote is visible on the above URL, it is not
> > counted towards quorum as according to rule 15, an affirmative vote of not
> > less than 70% of active North American At-Large Structures is required to
> > amend the NARALO Operating Principles.
> >
> > What does that mean? Let's not pretend to give unaffiliated members a vote
> > (in this particular case, a yes) if it's not going to be counted.
> >
>
>
>Beau, I don't know why it was not counted and will check into it. If you
>participated in the vote then your vote counts and is part of the quorum. I
>apologize on behalf of the process that may have inadvertently missed your
>mention.
>
>Of course, as you and I both know, the purpose of this vote was to codify
>and formalize what had until been an informal and not-fully-recognised role
>of unaffiliated members and their representatives within NARALO and
>At-Large.
>
>- Evan
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