[council] NomCom Rebalancing response

Bruna Martins dos Santos bruna.mrtns at gmail.com
Wed Jul 5 13:32:59 UTC 2023


Hey all,

I would like to first thank Paul and Tomslin for the efforts in helping us
find a compromise !

Personally I happen to think "fairly" would do the trick here - especially
while there seems to be different interpretations about a possible fair
nomcom rebalance and Council is still reflecting whether any extra seats
should be added or reallocated. I think we need to separate the issues
first: One urgent claim is to have an additional seat allocated to NPOC in
order to provide a remedy to the lack of balanced non-commercial
representation at the Nomcom, the second part would be the discussion of
adding a third noncommercial seat.

But going back to the "NCSG seat chat", I trust its important for us to
mention that internally and governance-wise we tend to look at NCSG as a
third group - even allowing membership to join just this part and not its
constituencies. Therefore we dont necessarily see that one of our
Constituencies would have 2 seats because it would be an SG seat. And, over
the years, two facts have been brought to our attention over the years as
part of our membership concerns: a. the current 2 BC seats; and b. The said
discrepancy for NomCom representation: RySG and RrSG have seats as SGs,
while NCSG and CSG are there through their Constituencies only.

All that to say that: at the end of the day we're advocating for a proper
NonCommercial representation at the NomCom level and some sort of parity
between the houses and groups.  But I would suggest for us to follow up
with the "Fairly" suggestion - if my colleagues from NCSG agree.

Best regards,
Bruna

On Wed, Jul 5, 2023 at 1:18 PM Marie Pattullo - AIM via council <
council at gnso.icann.org> wrote:

> Many thanks for your analysis Paul; I completely agree with you. I would
> suggest that either we leave it as it is or, if you believe that the
> insertion of “fairly” would add an extra dimension not captured in the
> original then no problem for me to add that.
>
> Best to all
>
> Marie
>
>
>
> *From:* council <council-bounces at gnso.icann.org> *On Behalf Of *Paul
> McGrady via council
> *Sent:* 05 July 2023 12:56
> *To:* Marika Konings <marika.konings at icann.org>; Tomslin Samme-Nlar <
> mesumbeslin at gmail.com>
> *Cc:* Julie Bisland via Gnso-secs <gnso-secs at icann.org>; GNSO-Chairs <
> gnso-chairs at icann.org>; council at gnso.icann.org
> *Subject:* Re: [council] NomCom Rebalancing response
>
>
>
> Thanks Marika,
>
>
>
> All, I don’t think “equally” works in this context since Stakeholder
> groups aren’t comprised of the same number of constituencies.  I think of
> equally in this instance as a mathematical term and it could be read to
> mean that we would be advocating for:
>
>
>
>    - Adding one seat for NPOC (I think everyone is OK with that)
>    - Taking away 1 seat from the BC so that Constituencies are “equally”
>    represented (I expect some BC reps may want to weigh in on that)
>    - Adding 1 additional seat for the NCSG (since the CSG would then have
>    3 and the NCSG would only have 2) and adding 2 additional seats for each of
>    the RrSG and RySG since they would only have 1 each and the NCSG and CSG
>    would have 3 each at that point.
>    - But then at least one constituency in the NSG would have 2 seats
>    since an additional seat was added to them (3 seats and only 2
>    constituencies) so then each constituency in the CSG would need another
>    seat so that things are equal at the constituency level, which would then
>    trigger another round of additions at the stakeholder group level on both
>    sides and the expansion process would never end.
>
>
>
> I much prefer the term “fairly” rather than “equally” since it doesn’t
> trigger an unending expansion nor does it confine us to a strict scarcity.
> I seriously doubt that any of the other SOs and ACs will put in comments
> designed to limit how many seats they get on NomCom and the Council doing
> so for its SO at this stage doesn’t seem like a good opening negotiating
> position.
>
>
>
> Tomslin, does “fairly” capture what you were trying to accomplish with
> “equally”?  “Fairly” allows us to capture the concept of internal balance
> within our own SO and leaves open to discussions amongst ourselves later on
> how to accomplish that.  If “fairly” doesn’t work, is there a different
> term we can use that does which does not trigger the math problem above?
>
>
>
> Best,
>
> Paul
>
>
>
>
>
>
>
> *From:* Marika Konings <marika.konings at icann.org>
> *Sent:* Wednesday, July 5, 2023 5:30 AM
> *To:* Tomslin Samme-Nlar <mesumbeslin at gmail.com>; Paul McGrady <
> paul at elstermcgrady.com>
> *Cc:* GNSO-Chairs <gnso-chairs at icann.org>; Julie Bisland via Gnso-secs <
> gnso-secs at icann.org>; council at gnso.icann.org
> *Subject:* Re: [council] NomCom Rebalancing response
>
>
>
> All, can you please indicate if there are any concerns about the
> additional edit proposed by Tomslin by 19.00 UTC today (Wednesday) at the
> latest? If no concerns are raised, we’ll go ahead and submit the updated
> letter to our Board Support colleagues.
>
>
>
> Best regards,
>
>
>
> Marika
>
>
>
> *From: *council <council-bounces at gnso.icann.org> on behalf of Tomslin
> Samme-Nlar via council <council at gnso.icann.org>
> *Reply to: *Tomslin Samme-Nlar <mesumbeslin at gmail.com>
> *Date: *Tuesday, 4 July 2023 at 16:00
> *To: *Paul McGrady <paul at elstermcgrady.com>
> *Cc: *"gnso-chairs at icann.org" <gnso-chairs at icann.org>, "
> gnso-secs at icann.org" <gnso-secs at icann.org>, "council at gnso.icann.org" <
> council at gnso.icann.org>
> *Subject: *Re: [council] NomCom Rebalancing response
>
>
>
> Hi Paul,
>
>
>
> Thanks alot. That suggestion works. For completeness, I also made a minor
> edit to Question #1. So here below is what I see as the proposed response
> which includes your suggestion:
>
>
>
>    1.
>    2.
>    3. *What does it mean to have a balanced*
>    4. *NomCom at a point in time? For example, what criteria would you
>    apply to measure or assess whether the NomCom is balanced? And further, how
>    can one test whether or not the NomCom is balanced?*
>    5.
>
> GNSO Council response: The current NomCom structure is based on
> appointments made by bodies defined in the ICANN Bylaws ACs, SOs, SGs and
> Constituencies (https://www.icann.org/nomcom2023). Going by this
> structure, a balanced NomCom is one with all Stakeholder Groups and
> Constituencies equally represented and this also forms the measure of
> balanced.
>
>
>
> *2.      *
>
> *3.      *
>
> *4.      **Do you support the view that the*
>
> *5.      **current composition of the NomCom needs to be rebalanced?
> Please explain why or why not.*
>
> *6.      *
>
> GNSO Council response: Composition of the NomCom is based on appointments
> made by bodies defined in the ICANN Bylaws. Article 8.2 of the ICANN Bylaws
> regarding NomCom composition refers to GNSO organizations as per Article
> 11. However, the only NCSG constituency listed is NCUC. Accordingly,
> Article 8.2 of the Bylaws should be amended to add a seat on the NomCom for
> NPOC. The GNSO Council supports rebalancing the current composition to
> allow for all GNSO Constituencies to appoint at least one delegate to the
> NomCom.
>
>
>
> *4.      *
>
> *5.      *
>
> *6.      **How do you suggest that the NomCom’s*
>
> *7.      **composition be rebalanced?*
>
> *8.      *
>
> GNSO Council response: Addition of one seat in order to better represent
> the disparities amongst Constituencies representation and in order for NPOC
> to also be represented at the NomCom.
>
>
>
> Happy to discuss further.
>
>
>
> Warmly,
>
> Tomslin
>
>
>
>
>
> On Mon, 3 Jul 2023 at 22:45, Paul McGrady via council <
> council at gnso.icann.org> wrote:
>
> Thanks Bruna, Mark, Farell, Tomslin, and Susan,
>
>
>
> All, I think the reason for Susan’s proposed edit is coming from the
> current text which uses the singular article “a”, i.e. that at the end of
> the rebalancing each GNSO constituency would get “a” (singular) delegate to
> the Nom Com.
>
>
>
> 2.       *Do you support the view that the current composition of the
> NomCom needs to be rebalanced? Please explain why or why not.*
>
> GNSO Council response: Composition of the NomCom is based on appointments
> made by bodies defined in the ICANN Bylaws. Article 8.2 of the ICANN Bylaws
> regarding NomCom composition refers to GNSO organizations as per Article
> 11. However, the only NCSG constituency listed is NCUC. Accordingly,
> Article 8.2 of the Bylaws should be amended to add a seat on the NomCom for
> NPOC. The GNSO Council supports rebalancing the current composition to
> allow for all GNSO Constituencies to appoint a delegate to the NomCom.
>
>
>
> Combined with our request to add NPOC, this use of the singular article
> “a” could be read as the Council’s desire to remove one NomCom seat from
> the BC (which has 2) and give that to NPOC.  If that is not our will, we
> need to correct the singular article “a”, perhaps along the lines of “at
> least one.”  I think this makes more sense anyway, since why should we
> limit ourselves this early in the discussions when others in the community
> are certainly going to advocate for more seats for them while the Council,
> in the current draft, is advocating for simply reshuffling what we already
> have.
>
>
>
> If it is our will, however, to eliminate one seat for the BC and transfer
> that seat to the NPOC, I don’t think we should hide a ball that big – let’s
> just say it directly.  I expect the BC reps may want to reply to this email.
>
>
>
> For clarity, I think we should not include Susan’s addition, but modify
> our response on 2. to read:
>
>
>
> 2.       *Do you support the view that the current composition of the
> NomCom needs to be rebalanced? Please explain why or why not.*
>
> GNSO Council response: Composition of the NomCom is based on appointments
> made by bodies defined in the ICANN Bylaws. Article 8.2 of the ICANN Bylaws
> regarding NomCom composition refers to GNSO organizations as per Article
> 11. However, the only NCSG constituency listed is NCUC. Accordingly,
> Article 8.2 of the Bylaws should be amended to add a seat on the NomCom for
> NPOC. The GNSO Council supports rebalancing the current composition to
> allow for all GNSO Constituencies to appoint at least one delegate to the
> NomCom.
>
>
>
> Hope this helps.
>
>
>
> Best,
>
> Paul
>
>
>
>
>
>
>
>
>
> *From:* council <council-bounces at gnso.icann.org> *On Behalf Of *Bruna
> Martins dos Santos via council
> *Sent:* Monday, July 3, 2023 4:08 AM
> *To:* Mark W. Datysgeld <mark at governanceprimer.com>
> *Cc:* GNSO-Chairs <gnso-chairs at icann.org>; Julie Bisland via Gnso-secs <
> gnso-secs at icann.org>; COUNCIL at GNSO.ICANN.ORG
> *Subject:* Re: [council] NomCom Rebalancing response
>
>
>
> Id like to also support Tomslin point on this matter. And I trust that the
> language that is on the document translates well NCSG's concerns regarding
> the *addition* of a seat in order to better represent the current
> configuration of GNSO at NomCom. And, in all honesty, I think this
> discussion is about remedying the lack of proper Non-Commercial
> representation at the committee, above all.
>
>
>
> Best,
>
> Bruna
>
>
>
> On Mon, Jul 3, 2023 at 3:19 AM Mark W. Datysgeld via council <
> council at gnso.icann.org> wrote:
>
> We could probably do with CPH or NomCom appointees input here.
>
> ---
>
> Mark W. Datysgeld
> Director at Governance Primer
> ICANN GNSO Councilor
> ------------------------------
>
> *From:* Farell FOLLY via council <council at gnso.icann.org>
> *Sent:* Sunday, July 2, 2023 19:41
> *To:* Tomslin Samme-Nlar
> *Cc:* GNSO-Chairs; Julie Bisland via Gnso-secs; COUNCIL at GNSO.ICANN.ORG
> *Subject:* Re: [council] NomCom Rebalancing response
>
>
>
> I would second Tomslin on this.
>
>
>
>
>
> Best regards
>
> @__f_f__
>
> ____________________________________
>
>
>
> Lt-Colonel Farell FOLLY, Ir.
>
>
>
> GNSO Councillor - ICANN (Los Angeles, USA).
>
> https://www.linkedin.com/in/farellf/?locale=en_US [linkedin.com]
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>
>
>
>
>
>
>
>
>
>
>
>
> On 2 Jul 2023, at 12:57, Tomslin Samme-Nlar via council <
> council at gnso.icann.org> wrote:
>
>
>
> Dear Susan, all
>
>
>
> I would like to politely disagree with the proposed change. I think
> section 4 as originally written answers the question of 'how' enough from a
> council perspective.
>
>
>
> Warmly,
> Tomslin
>
>
>
> On Sat, 1 July 2023, 02:30 Susan Payne via council, <
> council at gnso.icann.org> wrote:
>
> Hi Sebastien
>
> Thanks for this, and thanks to those who worked on the draft.  I have
> proposed one addition to section 4 : “For avoidance of doubt, we do not
> believe that this should be effected by removing any seats from other GNSO
> groups.”  I would trust that my Council colleagues would not disagree with
> this.
>
>
>
> thanks
>
>
>
> Susan Payne
> Head of Legal Policy
> Com Laude
> *T* +44 (0) 20 7421 8250
> *Ext* 255
>
>
>
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>
> *From:* council <council-bounces at gnso.icann.org> *On Behalf Of *Sebastien---
> via council
> *Sent:* Monday, June 26, 2023 9:28 PM
> *To:* COUNCIL at GNSO.ICANN.ORG; GNSO-Chairs <gnso-chairs at icann.org>;
> gnso-secs at icann.org
> *Subject:* [council] NomCom Rebalancing response [comlaude.com]
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>
> We have prepared a response to the Board’s questions about the NomCom
> rebalancing.
> While we discussed this in DC (albeit briefly), we didn’t sense the need
> for any specific response from the Council other than to maybe say that we
> would welcome the opportunity of a seat at the table for an NPOC
> representative (the only SG/C not currently represented). [comlaude.com]
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> As it the tradition, the GNSO Council will limit its comments to what is
> directly a Council concern, and will let its different SG&Cs comment in
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>
> With this in mind, can I ask you to review the Google doc referenced
> above, and indicate by Friday 30 June any concerns you may have with this
> letter going out? The response deadline to the Board in Friday. Please also
> ensure your SG/Cs formulate their own response by then if not already done.
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> -- [comlaude.com]
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> *Bruna Martins dos Santos * [comlaude.com]
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> German Chancellor Fellow 21' (Bundeskanzler-Stipendiatin) | Alexander von
> Humboldt Foundation [comlaude.com]
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> Member | Coalizão Direitos na Rede
> Co-Coordinator | Internet Governance Caucus  [comlaude.com]
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> Twitter: @boomartins // Skype: bruna.martinsantos [comlaude.com]
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-- 

*Bruna Martins dos Santos *

German Chancellor Fellow 21' (Bundeskanzler-Stipendiatin) | Alexander von
Humboldt Foundation <https://www.humboldt-foundation.de/>

Member | Coalizão Direitos na Rede <https://direitosnarede.org.br/>
Co-Coordinator | Internet Governance Caucus  <https://igcaucus.org/>

Twitter: @boomartins <https://twitter.com/boomartins> // Skype:
bruna.martinsantos
Email: bruna.mrtns at gmail.com
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