That was my recollection as well.
Stephanie
On 2017-02-21 21:47, Rafik Dammak wrote:
> Hi Ed,
>
> I don't think Mason served in council while being liaison to GAC. his
> term in GNSO council was from 2011 to 2013, then he served as liaison
> in 2014 (GAC early engagement pilot project was in FY15-16)
>
> Best,
>
> Rafik
>
> 2017-02-22 3:11 GMT+09:00 Edward Morris <[log in to unmask]
> <mailto:[log in to unmask]>>:
>
> Hi Tapani,
>
> Mason Coke previously served as GAC liaison while on Council. The
> rules may have changed though - good idea to check.
>
> And please don't go to Antarctica looking for a Councillor. As
> Ayden properly pointed out, I botched that one. Antarctica is not
> an ICANN region. Although perhaps if it was those resident there
> might have better internet access :) (
> https://pilotfiber.com/blog/how-the-internet-reaches-antarctica/
> <https://pilotfiber.com/blog/how-the-internet-reaches-antarctica/> ).
>
> Good luck with the selection.
>
> Best,
>
> Ed
>
> Sent from my iPhone
>
> On 21 Feb 2017, at 17:58, Tapani Tarvainen
> <[log in to unmask] <mailto:[log in to unmask]>>
> wrote:
>
>> Hi Ed,
>>
>> Thank you! I was just in the process of collecting exactly
>> this information, you saved me a ton of work. :-)
>>
>> One potentially relevant thing you omitted is that Carlos is GNSO's
>> GAC liaison, which may be incompatible with councillorship. Even
>> if it
>> is though it doesn't mean he'd be ineligible from our viewpoint, he'd
>> just have to resign if appointed. I will check to confirm this.
>>
>> Thanks again,
>>
>> --
>> Tapani Tarvainen
>>
>> On Feb 21 08:34, Edward Morris ([log in to unmask]
>> <mailto:[log in to unmask]>) wrote:
>>
>>> Hello everybody,
>>>
>>> I’ve been pleased to see the spirited discussion on list about
>>> the process to select someone to represent the NCSG on the GNSO
>>> Council in light of Amr Elsadr’s recent resignation. I know,
>>> like and respect all four announced candidates, and would
>>> encourage anyone else interested in serving on Council to put
>>> their names into the pool for consideration. As a current
>>> Councilor I don’t feel it is my role to support or endorse any
>>> particular candidate so I’m not. Rather, I look forward to
>>> welcoming to Council the individual selected to serve as a
>>> temporary / replacement Councilor and pledge to do all I can to
>>> help him or her adjust to her or his new role.
>>>
>>> I’ve read lots of unique suggestions and ideas that have been
>>> promulgated on list for filling the open slot: elections, a
>>> shared seat, short term appointees who pledge not to run for
>>> re-election etc. What all of these well meaning ad hoc ideas
>>> ignore is that we as a community are bound together by a set of
>>> governing documents that anticipated that vacancies may occur on
>>> Council and created procedures we may now use to determine both
>>> who selects the replacement Councilor, the type of replacement,
>>> and who is eligible to serve as same. The relevant governing
>>> documents are:
>>>
>>> 1. The Bylaws For Internet Corporation For Assigned Names and
>>> Numbers (ICANN Bylaws):
>>>
>>> https://www.icann.org/resources/pages/governance/bylaws-en/#article11
>>> <https://www.icann.org/resources/pages/governance/bylaws-en/#article11>
>>>
>>> 2. The GNSO Operating Procedures, version 3.2 (GNSO OP):
>>>
>>> https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf
>>> <https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf>
>>>
>>> 3. The NCSG Charter (NCSG Charter):
>>>
>>> https://gnso.icann.org/en/improvements/ncsg-charter-05may11-en.pdf
>>> <https://gnso.icann.org/en/improvements/ncsg-charter-05may11-en.pdf>
>>>
>>>
>>> In this post I’d like to go through the relevant sections of
>>> these documents with you so as we go forward we do so in
>>> compliance with the documents that constitute the legal essence
>>> of the Non-Commercial Stakeholder Group.
>>>
>>> HOW WE DETERMINE THE REPLACEMENT COUNCILOR
>>>
>>> 1. ICANN Bylaws
>>>
>>> The ICANN Bylaws §11.3c states:
>>>
>>> A vacancy on the GNSO Council shall be deemed to exist in the
>>> case of the death, resignation, or removal of any member.
>>> Vacancies shall be filled for the unexpired term by the
>>> appropriate Nominating Committee or Stakeholder Group that
>>> selected the member holding the position before the vacancy
>>> occurred by giving the GNSO Secretariat written notice of its
>>> selection. Procedures for handling Stakeholder Group-appointed
>>> GNSO Council member vacancies, resignations, and removals are
>>> prescribed in the applicable Stakeholder Group Charter.
>>>
>>> Amr’s resignation has created a vacancy on the GNSO Council. As
>>> he was appointed by the NCSG, procedures for his replacement are
>>> contained in the NCSG Charter.
>>>
>>> NCSG Charter §3.2 reads:
>>>
>>> In the event that a GNSO Council Representatives is unable to
>>> finish his or her term, the NCSG-EC will appoint a temporary
>>> GNSO Council Representative to serve until the next
>>> regularly-scheduled election as provided in Section 3.8 of the
>>> GOP. At that time, a new GNSO Council Representative will be
>>> elected to serve out the balance of the vacated term, if any.
>>>
>>> The NCSG EC is charged with appointing a temporary GNSO Council
>>> Representative. As Amr’s term was scheduled to end at the next
>>> election there will be no balance of the vacated term to fill at
>>> that time.
>>>
>>> I should note that myself, Stephanie Perrin and Rafik Dammak are
>>> in the first year of a two year term as Councilors that extend
>>> to 2018. Stefania Milan and Marilia Maciel have terms ending
>>> this year. They both, as well as whomever is selected to fill
>>> the vacant seat, will be eligible to run for re-election to
>>> Council. Neither are term limited.
>>>
>>> TYPES OF REPLACEMENTS
>>>
>>> The GNSO OP §3.8.3a cites the ICANN Bylaws in referring to
>>> Council vacancies due to “resignation or other permament
>>> vacancy”. However, GNSO OP §3.8.3b also states:
>>>
>>> During any transition period following the occurrence of the
>>> permanent vacancy, but before a new election or appointment and
>>> subsequent seating of the replacement Councilor, the remedy in
>>> Paragraph 3.8.4 is available.
>>>
>>> GNSO OP §3.8.4a reads:
>>>
>>> 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.
>>>
>>> This is exactly what the NCSG-EC did when it appointed Avri
>>> Doria, an excellent choice, as a Temporary Alternate to serve in
>>> the Council seat vacated by Amr during the February 16th GNSO
>>> Council meeting. Matt Shears, Sarah Clayton and Martin Pablo
>>> Silva Valent have also served our community exceptionally well
>>> as Temporary Alternate Councilors during the current Council term.
>>>
>>> It is important to note that Temporary Alternates are NOT full
>>> Councilors. For example, per GNSO OP §4.7 (ii) :
>>>
>>> A Temporary Alternate may not be selected to register a proxy vote.
>>>
>>> The Temporary Alternate position is designed to be a short term
>>> measure to prevent any Stakeholder Group from being short a
>>> voice during a planned absence of a Councilor or in response to
>>> a sudden vacancy. It is not intended to be a long term solution.
>>> As such, rules applicable to selection of individuals for
>>> Councilor positions (for example, term limits) appear not to be
>>> applicable to Temporary Alternates (although one could certainly
>>> argue the spirit of such rules means they should).
>>>
>>> So there are two types of substitutes allowed for a vacated seat:
>>>
>>> 1. Temporary Alternate: a short term appointment for a limited
>>> term with limitations on Councilor powers granted to him or her and,
>>>
>>> 2. Temporary (NCSG Charter) / Replacement (GNSO OP) Councilor:
>>> appointment of an individual to serve until the next election
>>> period, which in this case means the expiration of the term of
>>> the vacated seat.
>>>
>>> ELIGIBILITY ISSUES
>>>
>>> ICANN Bylaws §11.3b contains two provisions of interest:
>>>
>>> For these purposes, a person selected to fill a vacancy in
>>> a term shall not be deemed to have served that term, A former
>>> Council member who has served two consecutive terms must remain
>>> out of office for one full term prior to serving any subsequent
>>> term as Council member.
>>>
>>> Anyone selected to serve as the Temporary / Replacement
>>> Councilor will then be eligible to serve an additional two full
>>> terms. This currently applies, for example, to Marilia Maciel
>>> who: 1) filled a vacancy and then 2) was elected to serve one
>>> full term. She is eligible to run for one additional full term.
>>>
>>> David Cake is the only NCSG member ineligible to serve as a
>>> Temporary/Replacement Councilor by virtue of having completed
>>> two consecutive terms within the past two years (two years being
>>> a full term).
>>>
>>> CRITERIA
>>>
>>> ICANN Bylaws §11.3a reads:
>>>
>>> Stakeholder Groups should, in their charters, ensure their
>>> representation on the GNSO Council is as diverse as possible and
>>> practicable, including considerations of geography, GNSO
>>> Constituency, sector, ability and gender.
>>>
>>> NCSG Charter §3.1 states:
>>>
>>> The NCSG is assigned six (6) GNSO Council seats through the
>>> ICANN Bylaws. All NCSG GNSO Council representatives will be
>>> directly voted on by the full membership of the NCSG using
>>> weighted voting as defined in Section 4. To the maximum extent
>>> possible, no more than two (2) NCSG GNSO Council Representatives
>>> can be declared resident of the same geographic region as
>>> defined by ICANN. Reasonable efforts should be taken to recruit
>>> nominees so that all geographical regions may be represented by
>>> the NCSG GNSO Council Representatives. Reasonable efforts should
>>> also be taken to ensure gender balance and in no circumstance
>>> should there be fewer than 2 members of any gender.
>>>
>>>
>>> Although it could be argued that NCSG Charter §3.1 applies only
>>> to those Councilors selected by election rather than
>>> appointment, read in conjunction with ICANN Bylaws §11.3a it is
>>> clear that the diversity requirements apply here as well. NCSG
>>> Charter §3.1 is the Charter component that directly complies
>>> with ICANN Bylaws §11.3a, a provision that does not specify
>>> mode of selection. Poor legal construction in the Charter is no
>>> reason to ignore the Bylaws requirement and, in fact, if read in
>>> such a way the NCSG Charter would arguably not be in compliance
>>> with the ICANN Bylaws.
>>>
>>> The current composition of the NCSG GNSO Council representation is:
>>>
>>> 3 female, 2 male 2 Europe 1 North America 1 Asia /
>>> Australia / Pacific 1 Latin America / Carribean
>>>
>>> The ICANN Bylaws requires the NCSG EC to attempt, in making its
>>> appointment, to ensure that our representation on the GNSO
>>> Council is “as diverse as possible and practicable, including
>>> considerations of geography, GNSO Constituency, sector, ability
>>> and gender”.
>>>
>>> In implementing this Bylaws mandate the NCSG Charter created the
>>> hard requirement that there should be no fewer than two members
>>> of the same sex in the GNSO Council contingent. As that
>>> requirement has already been met by the current Council group it
>>> is inapplicable to the current appointment.
>>>
>>> “To the maximum extent possible” the NCSG EC needs to ensure in
>>> making this appointment that no more than two Council
>>> representatives are residents of the same ICANN defined
>>> geographic region. As Europe is already at the maximum capacity
>>> of 2 representatives, “to the maximum extent possible” the
>>> individual selected for the temporary/replacement role should be
>>> resident in a different ICANN region. No other region is
>>> impacted by this section of the Charter.
>>>
>>> Reasonable efforts must be made by the NCSG EC to ensure:
>>>
>>> all geographical regions are represented in the GNSO
>>> Council cohort, and the GNSO Council group has gender balance.
>>>
>>> Amr Elsadar resided in the ICANN designated African region. We
>>> no longer have an African resident on Council. The NCSG EC needs
>>> to make a reasonable effort to try to replace Amr with a
>>> resident of either Africa or Antarctica, the two ICANN regions
>>> for which the NCSG does not have Council representation.
>>>
>>> Amr’s resignation has also left our Council representation with
>>> a gender imbalance: three woman, two men. The NCSG EC needs to
>>> make a reasonable effort to “ensure gender balance” by replacing
>>> Amr with a male.
>>>
>>> As I understand things, self nominations are still being
>>> accepted for this position. I’m sure the NCSG EC would encourage
>>> anyone interested in applying for the position, most
>>> particularly males and those residing in either Africa or
>>> Antarctica. Making a reasonable effort to meet these diversity
>>> goals would be helped by the largest possible number of applicants!
>>>
>>> Please note that the only absolute here is that David Cake can
>>> not be the Temporary/Replacement Councilor. Sorry Dave. :) All
>>> other criteria are guidelines of various strengths (“maximum
>>> extent possible”, “reasonable”) that the NCSG EC is obliged to
>>> give consideration to but is not required to absolutely adhere
>>> to. Given the high standards of the NCSG EC I’m sure they will
>>> try and if, despite best efforts, their selection does not
>>> correspond with Bylaws/OP/Charter suggestions I’m quite sure and
>>> expect they will tell us why. They do not have an easy job.
>>>
>>> For the record, these are not requirements that I personally
>>> would prioritize. Please don’t shot the messenger. :) A
>>> commitment to work, to participate on Council small groups
>>> (where Amr was excellent): these are my wish list for my future
>>> colleague. I do, however, believe in the rule of law rather than
>>> the rule of man and these are the rules we have to work with.
>>>
>>> I wish the NCSG EC well in their deliberations and look forward
>>> to welcoming a new Councilor on board as soon as possible. We
>>> have lots of work to do together. The sooner the better.
>>>
>>> Kind Regards,
>>>
>>> Edward Morris
>>>
>>>
>>>
>>>
>
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