[CCWG-ACCT] [Acct-Legal] Nomcom as a UA - legal question

Avri Doria avri at acm.org
Thu Apr 30 05:35:32 UTC 2015


Hi,

Thanks.

Had not seen the document.

Very helpful.

avri


On 30-Apr-15 00:14, Gregory L. Colvin 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
>
> www.adlercolvin.com
>
>  
>
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> *From:*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
> *Cc:* 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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