[council] RE: Nominating Committee Appointees (NCA) selection to two Houses

[Alan Greenberg]

The Bylaws do indeed assign the responsibility to 
the NomCom, but the NomCom has never acted on 
that. In 2009, when the appointment was made 
prior to the new Bylaws, a procedure was adopted 
by Council 
(http://gnso.icann.org/meetings/minutes-council-24sep09.htm, 
Item 5, motion section 10). This called for the 
SGs to reach consensus (taking into consideration 
the wishes of the NCAs) by a certain date, or the 
single fresh GNSO NCA would be assigned to the 
non-voting position and the other two would be 
assigned by random selection. My recollection is 
that consensus was not reached and the random method was used.

Last year, without a NomCom explicit decision, 
all parties came to an agreement and the matter was not further discussed.

My personal position is that the Bylaw wording 
was ill-advised because by following this rule 
ensures that once put in a specific position, the 
NCA is their for the duration of their term. In 
the case of the non-voting position, I find this unreasonable.

So Carlos is correct about the Bylaw provision, 
but in the absence of the NomCom acting on it, 
there is no established procedure and no 
precedent on which to rely - the 2009 interim 
rules do not apply with two incoming 
inexperienced NCAs and agreement had not been reached as in 2010.

One could infer from the 2009 interim rules that 
if there was an inexperienced incoming NCA, that 
person should be given the non-voting role and I 
believe that this is the what Glen referred to as 
the norm. However, neither precedent provides any 
firm guidance regarding this year's case where 
there are two inexperienced incoming NCAs.

Alan


At 26/09/2011 09:47 AM, carlos dionisio aguirre wrote:
>Dear kristina: There are a "norm" , the ICANN 
>Bylaws are mandatory and clearly decide about the situation
>
>  Section 3. GNSO COUNCIL
>1. Subject to the provisions of 
><http://www.icann.org/en/general/bylaws.htm#XX-5>Transition 
>Article XX, Section 5 of these Bylaws and as 
>described in 
><http://www.icann.org/en/general/bylaws.htm#X-5>Section 
>5 of Article X, the GNSO Council shall consist of:
>a. three representatives selected from the Registries Stakeholder Group;
>b. three representatives selected from the Registrars Stakeholder Group;
>c. six representatives selected from the Commercial Stakeholder Group;
>d. six representatives selected from the Non-Commercial Stakeholder Group; and
>e. three representatives selected by the ICANN 
>Nominating Committee, one of which shall be 
>non-voting, but otherwise entitled to 
>participate on equal footing with other members 
>of the GNSO Council including, e.g. the making 
>and seconding of motions and of serving as Chair 
>if elected. One Nominating Committee Appointee 
>voting representative shall be assigned to each 
>House (as described in 
><http://www.icann.org/en/general/bylaws.htm#X-3.8>Section 
>3(8) of this Article) by the Nominating Committee.
>
>
>Kind regards.
>
>
>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>http://ar.ageiadensi.org
>
>
> > From: krosette at cov.com
> > To: Glen at icann.org; council at gnso.icann.org
> > CC: robert.hoggarth at icann.org; 
> stephane.vangelder at indom.com; gnso.secretariat at gnso.icann.org
> > Date: Mon, 26 Sep 2011 09:35:07 -0400
> > Subject: [council] RE: Nominating Committee 
> Appointees (NCA) selection to two Houses
> >
> >
> > I don't believe it's correct to say that 
> there has been any "norm" as I don't think 
> we've been doing this long enough to say there 
> is. It's my recollection that any pattern you 
> describe is due primarily to an incoming NCA 
> deferring to the preference of an existing NCA. 
> As both Lanre and Carlos would like to be 
> assigned to NCPH, this is a matter for the NCPH to address, in my opinion.
> >
> > -----Original Message-----
> > From: owner-council at gnso.icann.org 
> [mailto:owner-council at gnso.icann.org] On Behalf Of Glen de Saint Géry
> > Sent: Monday, September 26, 2011 5:27 AM
> > To: council at gnso.icann.org
> > Cc: Robert Hoggarth; Stéphane Van Gelder; gnso.secretariat at gnso.icann.org
> > Subject: [council] Nominating Committee 
> Appointees (NCA) selection to two Houses
> >
> >
> > Dear All,
> >
> > As you know, the Nominating Committee (Nom 
> Com) has selected two Nom Com Appointees 
> (NCAs), Lanre Ajayi and Thomas Rickert, to 
> serve on the GNSO Council for the upcoming year.
> >
> > Thomas Rickert has requested to be assigned 
> to the Contracted Parties House (CPH) and the 
> CPH has formally agreed that Thomas is a voting member in the CPH.
> >
> > As it has traditionally been the norm that 
> the previous year's non-voting NCA becomes a 
> voting NCA, we expect that Carlos Aguirre will 
> be assigned to the NCPH this year, and Lanre 
> Ajayi will be assigned the non-voting seat.
> >
> > Is this correct? Due to the close proximity 
> of the Dakar meeting and the need to finalize 
> organizational aspects of the meeting, the GNSO 
> Council Secretariat would appreciate being 
> informed of the NCPH NCA assignment no later 
> than 30 September 2011 at 22:00 UTC.
> >
> > Thank you very much.
> > Kind regards,
> >
> > Glen
> >
> >
> > Glen de Saint Géry
> > GNSO Secretariat
> > gnso.secretariat at gnso.icann.org
> > http://gnso.icann.org
> >
> >
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