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

[Jordan Carter]

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> 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
>
>
>
> The information in this e-mail message and any attachments may be
> privileged, confidential, and protected from disclosure.  If you are not
> the intended recipient, any use, dissemination, distribution, or copying of
> this transmission is strictly prohibited.  If you think that you have
> received this e-mail message in error, please e-mail the sender at
> colvin at adlercolvin.com, and delete all copies of this message and its
> attachments, if any. Adler and Colvin is a San Francisco Green Business
> certified by the City and County of San Francisco. Please consider the
> environment before you print this email. Thank you.
>
> *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> 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.
>
>  ------------------------------
>
> [image: Avast logo] <http://www.avast.com/>
>
> This email has been checked for viruses by Avast antivirus software.
> www.avast.com
>
>
>
>
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>
>
> _______________________________________________
> Ccwg-accountability5 mailing list
> Ccwg-accountability5 at icann.org
> https://mm.icann.org/mailman/listinfo/ccwg-accountability5
>
>


-- 
Jordan Carter

Chief Executive
*InternetNZ*

04 495 2118 (office) | +64 21 442 649 (mob)
jordan at internetnz.net.nz
Skype: jordancarter

*A better world through a better Internet *
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/accountability-cross-community/attachments/20150430/270f3846/attachment.html>