[CCWG-ACCT] [Acct-Legal] Nomcom as a UA - legal question
Avri Doria
avri at acm.org
Thu Apr 30 04:41:42 UTC 2015
Hi,
Interesting.
I still don't understand the nature of the unincorporated association
and why this works for the Nomcom, but guess I will have to research
that on my own. I think I understand the delegated council reasoning.
thanks.
avri
On 30-Apr-15 00:28, Jordan Carter wrote:
> Great note. Thanks Greg, all.
>
> Jordan
>
> On 30 April 2015 at 16:14, List for the work of CCWG-Accountability
> Legal SubTeam <ccwg-accountability5 at icann.org
> <mailto:ccwg-accountability5 at icann.org>> wrote:
>
> For the Legal Sub-Team, our two law firms have discussed how to
> answer Ms. Doria’s questions in a way that opens up two options:
>
>
>
> (1) treating the NomCom as an unincorporated association, acting
> as a designator, appointing directors to the Board, and
>
>
>
> (2) treating the NomCom as a Delegate Council, not as an entity
> but as an internal ICANN process by which delegates from statutory
> members of ICANN plus non-voting delegates from other stakeholders
> collectively elect directors, much as they do now.
>
>
>
> The removal process could be virtually the same under either option.
>
>
>
> Moving to the Delegate Council option, however, does require
> attention to the future role of the Internet Engineering Task
> Force (IETF), which presently has a voting delegate on the NomCom.
>
>
>
> Best regards,
>
> Greg Colvin
>
>
>
> Gregory L. Colvin
>
> Adler & Colvin
>
> 235 Montgomery Street, Suite 1220
>
> San Francisco, CA 94104
>
> Tel: 415-421-7555 x.211
>
> Fax: 415-421-0712
>
> email: colvin at adlercolvin.com <mailto:colvin at adlercolvin.com>
>
> www.adlercolvin.com <http://www.adlercolvin.com>
>
>
>
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> *From:*ccwg-accountability5-bounces at icann.org
> <mailto:ccwg-accountability5-bounces at icann.org>
> [mailto:ccwg-accountability5-bounces at icann.org
> <mailto:ccwg-accountability5-bounces at icann.org>] *On Behalf Of
> *List for the work of CCWG-Accountability Legal SubTeam
> *Sent:* Friday, April 24, 2015 3:55 PM
> *To:* Avri Doria; ccwg-accountability5 at icann.org
> <mailto:ccwg-accountability5 at icann.org>
> *Cc:* accountability-cross-community at icann.org
> <mailto:accountability-cross-community at icann.org>
> *Subject:* Re: [Acct-Legal] [CCWG-ACCT] Nomcom as a UA - legal
> question
>
>
>
> Avri,
>
>
>
> I am forwarding your question to the Legal Sub Team list.
>
>
>
> Greg
>
>
>
> On Fri, Apr 24, 2015 at 6:51 PM, Avri Doria <avri at acm.org
> <mailto:avri at acm.org>> wrote:
>
> Hi,
>
> I am confused as to how this works. Please forgive my questions.
> This has less to do with the proposal I made then with trying to
> understand the nature of a UA. I had not realized until yesterday
> that the membership model was as popular as it has been defined to
> be. I had also not realized that we were down to membership or
> designator model as our only choices until today.
>
> What qualifies the Nomcom as an association? It can't be the
> people, as there is no continuity, except among the staff. and
> some overlap in chairs as last year's chair, this years' chair and
> next year's possible chair, sit togehter each year. I guess that
> is a bit of natural person continuity. Is that chair thread
> significant?
>
> Or is that it is always formed according to same bylaw, even if
> all of the people are different, that is a qualifying mark? Is
> being a differnt instantiation of the same process sufficient to
> define a UA, even if there is no continuity of natural persons?
>
>
> thanks
>
>
> avrl
>
> Note: I would have sent this to the legal list, but i never
> managed to get subscribed that one as far as I can tell.
>
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