Comments on the At-Large Director Bylaw revisions
I posted some comments on the Bylaw revisions today. For those who may be interested, they are attached here. Alan
Length of the First Term There has been significant discussion within At-Large regarding the very short length of the first term, specifically the 6-month term proceeding the first regular term. I do not believe that this requires any explicit action of the Board or modification of these Bylaws, as I believe that it is within the power of the ALAC to decide that the first selection process will identify the person who will serve both the first (6-month) term as well as the following first regular term. There is a precedent to this in how the ccNSO filled their first Board seat. Yes, right, in case nobody claims to apply the bylaws and organize a new selection for a new director. If all the At-Large community agrees on the continuation of the first director for the regular term, your proposal will work as it worked for the ccNSO. I think that the majority of the At-Large people involved, or who expressed themselves on this particular issue wanted it clearly mentioned in the bylaws, not arranged internally by ALAC. ------------------------------------------------------------------ Tijani BEN JEMAA Executive Director Mediterranean Federation of Internet Associations Phone : + 216 70 825 231 Mobile : + 216 98 330 114 Fax : + 216 70 825 231 ------------------------------------------------------------------ -----Message d'origine----- De : alac-bounces@atlarge-lists.icann.org [mailto:alac-bounces@atlarge-lists.icann.org] De la part de Alan Greenberg Envoyé : lundi 16 août 2010 03:09 À : ALAC Working List Objet : [ALAC] Comments on the At-Large Director Bylaw revisions I posted some comments on the Bylaw revisions today. For those who may be interested, they are attached here. Alan
At 16/08/2010 04:20 AM, Tijani BEN JEMAA wrote:
Length of the First Term There has been significant discussion within At-Large regarding the very short length of the first term, specifically the 6-month term proceeding the first regular term. I do not believe that this requires any explicit action of the Board or modification of these Bylaws, as I believe that it is within the power of the ALAC to decide that the first selection process will identify the person who will serve both the first (6-month) term as well as the following first regular term. There is a precedent to this in how the ccNSO filled their first Board seat.
Yes, right, in case nobody claims to apply the bylaws and organize a new selection for a new director. If all the At-Large community agrees on the continuation of the first director for the regular term, your proposal will work as it worked for the ccNSO. I think that the majority of the At-Large people involved, or who expressed themselves on this particular issue wanted it clearly mentioned in the bylaws, not arranged internally by ALAC.
I don't disagree. It is unfortunate that this relatively widespread feeling was not reflected in formal comments posted where the only comments are from Africa. I made that comment because I think that it is unlikely that they will change the terms since there is a precedent where they used terms very close to ours for the ccNSO. Additionally, there *may* be some issues related to a single term longer than three years. By putting this comment there, it is forcing the issue that it receive legal review during the comment analysis process. We then need to back this up by the ALAC taking formal action. In any case, the majority of my comment focused on some very real issues that I hope will be acted upon. Alan
I'm generally OK with your changes except one. In the change to Article XI, Section 2(4.j.1) you propose eliminating the reference to selection by "the At-Large Community". Even though the procedures are maintained by ALAC it must remain clear that this is to be a community-wide process, and not just something done by ALAC on behalf of community. I think it needs to stay, as a reminder to all that: 1) The bylaw is making a distinction between formally defined "ICANN At-Large" and the broader community-at-large 2) This is not just an ALAC process, it is one that must include the view of the entire At-Large infrastructure Keeping the phrase "At-Large Community" intact will dissuade furture ALACs from considering change its RoP so to shut out the RALOs and ALSs from the process. So I'd modify your suggested change to this clause a little: Making a selection to fill Seat 15 on the Board. Procedures for selection by
the At-Large Community are defined in the ALAC Rules of Procedure. Notification of the At-Large Community’s selection shall be given by the ALAC Chair in writing to the ICANN Secretary, consistent with Article VI, Sections 8(4) and 12(1).
- Evan
+1 to Evan's. Carlton -----Original Message----- From: alac-bounces@atlarge-lists.icann.org [mailto:alac-bounces@atlarge-lists.icann.org] On Behalf Of Evan Leibovitch Sent: Monday, August 16, 2010 10:30 AM To: Alan Greenberg Cc: ALAC Working List Subject: Re: [ALAC] Comments on the At-Large Director Bylaw revisions I'm generally OK with your changes except one. In the change to Article XI, Section 2(4.j.1) you propose eliminating the reference to selection by "the At-Large Community". Even though the procedures are maintained by ALAC it must remain clear that this is to be a community-wide process, and not just something done by ALAC on behalf of community. I think it needs to stay, as a reminder to all that: 1) The bylaw is making a distinction between formally defined "ICANN At-Large" and the broader community-at-large 2) This is not just an ALAC process, it is one that must include the view of the entire At-Large infrastructure Keeping the phrase "At-Large Community" intact will dissuade furture ALACs from considering change its RoP so to shut out the RALOs and ALSs from the process. So I'd modify your suggested change to this clause a little: Making a selection to fill Seat 15 on the Board. Procedures for selection by
the At-Large Community are defined in the ALAC Rules of Procedure. Notification of the At-Large Community’s selection shall be given by the ALAC Chair in writing to the ICANN Secretary, consistent with Article VI, Sections 8(4) and 12(1).
- Evan _______________________________________________ ALAC mailing list ALAC@atlarge-lists.icann.org http://atlarge-lists.icann.org/mailman/listinfo/alac_atlarge-lists.icann.org At-Large Online: http://www.atlarge.icann.org ALAC Working Wiki: http://st.icann.org/alac
participants (4)
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Alan Greenberg -
Evan Leibovitch -
SAMUELS,Carlton A -
Tijani BEN JEMAA