[council] Question.

Stéphane Van Gelder stephane.vangelder at indom.com
Thu Dec 15 11:15:39 UTC 2011


Thomas gave his proxy to Mason. Perhaps you should enquire with him as to why he did not give it to you, if you feel that was unfair.

On the second point, this is my read of the rules. The secretariat (Glen) should feel free to correct me if I am wrong. But to me, your read is wrong. There are 7 councillors (including the NCA) in the CPH. To me, a majority is more than half, so 4. If there is another read to the word majority, I do not see it defined in the rules. One thing seems certain to me however, and that is that majority does not mean the total number of available councillors, as you suggest. The rules also say there must be at least one councillor from each SG. At the very least I was on the call and so was Jeff Neuman. That's one from each SG in the CPH.

Finally, a more general point. When you have valid questions of this kind, I feel it would be more helpful to state them during the meeting, so that something can be done immediately. I would appreciate your support, and the support of anyone on the Council, in helping to make the meetings run both smoothly and according to our rules. And because one person can't do everything at once, it is helpful if you spot something that you feel is not within the parameters of those rules, to mention it as constructive criticism while the meeting is in flow. That way, if there really is a problem, it can be remedied at once.


Le 15 déc. 2011 à 00:17, carlos dionisio aguirre a écrit :

> Stephane .
> First of all I want to apologize by my ignorance if it the case. Second I ask, in order to learn more. I ask the question to whom I consider is the person capable to give me answers.
> Going directly to the point, I have to say that I have a few doubts in relation with the past teleconference call quorum. My specific doubt is about, differents points:
> 1- Why did you accept the proxy given by Thomas Rickert to Mason Cole, being Thomas a NCA, and having in account that our OR&P, the specific rule say:
> 3.8 Absences and Vacancies
> 3.8.4 Remedy: Temporary Alternate
> a. For a Councilor who is not appointed by the Nominating Committee, the appointing
> organization may, at its discretion, name a Temporary Alternate to serve in the absent
> or vacant Councilor’s seat.
> b. For a voting NCA, the Council non-voting NCA is immediately activated to serve as
> a Temporary Alternate subject to provisions in Section 4.7-Temporary Alternate. The
> communication required pursuant to Section 4.8-Procedures, Paragraph b, if it cannot
> be submitted by the voting NCA, will be completed and forwarded by the non-Voting
> NCA.
> -----------------------
> 2- I understand (correct me if Im wrong) The Quorum needed to session in case of CPH is 7 Councilors present, all of this according
> Chapter 4.0: Voting
> 4.1 Quorum
> In order for the GNSO Council to initiate a vote, a quorum must be present. A quorum is a
> majority of voting members in each House, which must include at least one member of each
> Stakeholder Group.
> In case of the past teleconference call I can see on the transcript record only 6 councilors present & the proxy y (given badly in my point of view) by Thomas to Mason,
> List of attendees:
> Contracted Parties House
> Registrar Stakeholder Group: Stéphane van Gelder, Mason Cole, Yoav Keren
> gTLD Registries Stakeholder Group: Jeff Neuman, Jonathan Robinson, Ching Chiao- – absent, apologies, proxy to Jeff Neuman
> Nominating Committee Appointee (NCA): Thomas Rickert – absent, apologies proxy to Mason Cole
>  Could you explain me what was the procedure to session?
> ------------------------------------
> 3 - In a hypothetical case that proxy was bad given (having in account the rules mentioned), what is the solution for votes in each motion debated on the call?
> others clauses applicable in my point of view, for this case are:
> Chapter 4.0: Voting
> 4.1 Quorum
> In order for the GNSO Council to initiate a vote, a quorum must be present. A quorum is a
> majority of voting members in each House, which must include at least one member of each
> Stakeholder Group........b. Quorum
> An absent Council member does not count toward quorum even if a proxy has been
> established. A Temporary Alternate (see Section 4.7-Temporary Alternate below) if
> present, would count toward quorum. 
> (4.6 Proxy Voting
> An abstaining or absent Council member as defined above (the Proxy Giver) may transfer his or
> her vote to any other Council member (the Proxy Holder).)  BUT
> c. Proxy Notification
> A proxy notification must be sent to the GNSO Secretariat and should indicate which
> type it is. The notification should, where applicable, be sent by the Proxy Giver's
> appointing organization. Ordinarily a proxy notification must be received by the
> GNSO Secretariat before the start of the relevant meeting.
> 1 The term “appointing organization” (see Section 1.3.1) does not comprise the Nominating Committee; therefore,
> the Voting Direction remedy does not apply to House NCAs.
> 1.3 Definitions
> 1.3.1 An “appointing organization” is defined to be the Stakeholder Group or Constituency that
> elected or appointed a representative to the GNSO Council1. Note that, for the purposes
> of these procedures, the Nominating Committee is not considered an “appointing
> organization.”
> Im  asking you because I sent to Wolf a private chat during the teleconference, and Im still waiting your response (probably he may have not seen it).
> At the end, I want give my thanks in advance for time and the explanation that you can give me. 
> Carlos Dionisio Aguirre
> NCA GNSO Council - ICANN
> former ALAC member by LACRALO
> Abogado - Especialista en Derecho de los Negocios
> Sarmiento 71 - 4to. 18 Cordoba - Argentina -
> *54-351-424-2123 / 423-5423
> http://ar.ageiadensi.org

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