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 >>> >>> >>> >>> >