Um, as I think about this, Carlos' comments really is about first principles and coming on subsequent developments, has caused me to change my position to support his view. His contention all along was that the ALAC action on the ExCom was outside the scope of the powers granted to ALAC in the Rules. Lawyers in my jurisdiction - a common law state - use the term 'ultra vires" to describe this posture. Adam's proposal seems intended to redress this grievance; hence the call for amendment to the RoP before the ExCom may be decided. Presumably if the amendment as proposed is carried, then the motion to establish the Administration/ExCom Committee would be in order and the process could withstand scrutiny. Seems like we should be so guided. Best, Carlton On Thu, Feb 19, 2009 at 12:57 AM, Alan Greenberg <alan.greenberg@mcgill.ca>wrote:
We are clearly not going to have any time to discuss this as a group in Mexico City, but I would like to ask all of you to think about what you believe needs to be changed in any way. We have already identified: Rules associated with the ExCom and Performance Guidelines, but input on those is certainly welcome.
I am also interested in hearing how detailed and exhaustive you believe the RoP should be.
Input is welcome via e-mail (privately or to the list) and in person while in Mexico City.
You can find the current version ALAC/2007/1/1.Rev10 in English French and Spanish at https://st.icann.org/alac/index.cgi?rules_of_procedure.
Alan
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