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

Thu Apr 30 04:14:55 UTC 2015

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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