[AFRI-Discuss] Legal Situation with respect to new ALAC members chosen upon formation of RALOs

Nick Ashton-Hart nashton at spamcop.net
Thu Feb 15 14:01:37 EST 2007

Dear African and Asia-Pacific ALSes:

A query was raised in the RALO formation discussions amongst the North
American ALSes about the possibility of the Nominating Committee having a
potential role in the appointment of ALAC Reps. I wanted you to see the
reply by Dan Halloran in respect of this point. The quotation is my
question; his outdented text below is the reply.

Please note that the query below that is in reference to when ALAC members
must be elected post-RALO formation; I've included this here, as it may be
of use, as there have been discussions related to the election of new ALAC
members and when that would take place in both Asia Pacific and Africa:

> If a region wishes to adopt a procedure to require consensus in
> choosing its two regional ALAC members whereby, if consensus cannot
> be reached, the decision is referred to an entity external to At-
> Large, can they do this? The NA region is discussing referring
> deadlocks to the Nominating Committee, instead of simply voting
> based upon a vote.

I think the Bylaws are clear that it is the responsibility of the
RALO to select the two ALAC members.  The RALO could maybe refer to
an external source for guidance or suggestions, but the ultimate
responsibility for making the selection rests with the RALO.  I do
not think it would be appropriate to allow the ICANN Nominating
Committee to take over the responsibility for selecting ALAC members
from the RALO.  The Bylaws specify that the NomCom picks 5 out of 15
ALAC members, and it would not be appropriate to grant the NomCom
more selections by ceding them from the RALOs.  Also the ALAC is
responsible for picking 5 out of 17 members for the NomCom, and we
need to avoid any drift towards "circularity" in all these
committees.  (Perhaps something could be worked out with the NomCom
where they would share information about willing and qualified but
not-selected candidates?  But that's a far stretch from directly
allowing the NomCom to appoint the RALO's ALAC members ...)

> Some regions are wondering if they should delay electing their
> ALAC representatives until the ICANN AGM each year. Of course LAC
> didn't choose to do this, and I have advised them that they are
> under no obligation to wait; they can elect new ALAC members (or re-
> elect the same people) to replace the Board appointees upon
> signature of the MoU.

RALOs don't have to wait until the AGM to elect their ALAC
members.  The terms of the two members coincide with the end of
alternating AGMs, but the RALOs can (and probably should) hold their
elections for those postions in advance of the actual AGM.

On your further question on point 3, the Bylaws do explicitly provide
that new RALO-selected ALAC members will immediately displace the
Board-appointed Interim members:

"Upon the entry of each RALO into such a Memorandum of Understanding,
that entity shall be entitled to select two persons who are citizens
and residents of that Region to be members of the At-Large Advisory
Committee established by Article XI, Section 2(4) of the New Bylaws.
Upon the entity's written notification to the ICANN Secretary of such
selections, those persons shall immediately assume the seats held
until that notification by the Interim At-Large Advisory Committee
members previously selected by the Board from the RALO's region."
<http://www.icann.org/general/bylaws.htm#XX-7.5 >


Nick Ashton-Hart
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