Rules of Procedure (RoP) re-write
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
Alan Greenberg 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 thought that there was actually a proposal to eliminate the ExCom, in parallel to the effort to create rules to entrench it.
I am also interested in hearing how detailed and exhaustive you believe the RoP should be. I would personally like the section related to recall overhauled. But, as you said, I was planning to leave that until after the Summit.
- Evan
At 1:37 AM -0500 2/19/09, Evan Leibovitch wrote:
Alan Greenberg 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 thought that there was actually a proposal to eliminate the ExCom, in parallel to the effort to create rules to entrench it.
I thought they were one in the same thing. Following what was voted on last November, a motion would be proposed to amend the rules of procedure so as to create an ExCom, and the voting instructions would be that a no vote would be a vote to not form (i.e. eliminate) the ExCom. Could of course be separated into two votes, yes/no on the need for an ExCom, if yes proceed to vote on the amendments to the rules of procedure. I was asked to draft a motion and sent the first version to ALAC's internal list in December. A copy of that mail below.
I am also interested in hearing how detailed and exhaustive you believe the RoP should be. I would personally like the section related to recall overhauled. But, as you said, I was planning to leave that until after the Summit.
The recall of NomCom appointed members should be coordinated with the NomCom review, which seems to have gone silent since the Paris meeting, and perhaps the NomCom itself (the selection process is underway now). I agree there should be recall and replacement methods for NomCom appointees (replacement being a reason to talk to the NomCom as they have a means to replace people during the first year of their term but not the second) and there has been too much delay in putting this in place. Adam
- Evan
At 9:03 PM +0900 1/7/09, Adam Peake wrote:
Last month I wrote draft amendments for ALAC rules and procedures to create a new committee, an ExCom (renamed Administration Committee in the draft.)
Any comment or amendments please?
I did this in response to email on the At Large list, a motion calling for the immediate dissolution of the ALAC Executive Committee, we should move forward with it.
Thanks,
Adam
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Adam, please do have a go at it.
OK. I am not sure it's good practise for someone in two minds about voting for a motion to be drafting the motion.
I voted for the motion in November because I thought we needed to recognize the committee already existed, to provide limits to its powers, and begin a discussion of whether there should be such a committee and to vote on it.
The motions passed during our November meeting were:
Motion 1.
1. The ALAC create a 4-member Executive Committee composed of the four ALAC Officers. Until such time as a more refined specification be defined, the Executive Committee shall have no powers other than those explicitly granted by the ALAC, save that in urgent situations, the Executive Committee may make decisions on behalf of the ALAC, such decisions communicated to the ALAC prior to or at the time of decision, and to be ratified at the next ALAC meeting.
Motion 2.
1. The ALAC expand the Executive Committee to five people. The Executive Committee shall be composed of the four ALAC Officers and one additional ALAC member.
2. The ALAC redefine the two positions of Vice-Chair and the position of Rapporteur, and the associated voting processes to ensure that the Chair, the two Vice-Chairs, and the Rapporteur all represent different ICANN regions, the detailed Rules of Procedures to be approved prior to the 2009 Officer elections;
3. Following the election of the four officers, the ALAC shall nominate and elect an ALAC member from the as-yet un-represented ICANN region to the fifth Executive Committee position.
- - -
I think the committee is misnamed, 'Executive' implies powers the motion passed on November clearly does not grant, so I've named it Administration Committee.
To meet the regional requirement, suggest rule 2.1 be amended and a new 2.2. added to reflect this requirement. Seems the easiest way to meet the requirements of the 2nd motion is to just add a third vice-chair (and this avoids writing new descriptions of the Vice-Chairs and Rapporteur as the 2nd motion seems to suggest.) Rules on geographic diversity to be followed during the next Officer elections or any vacancy before then.
2.1, current:
2.1 The ALAC shall elect a Chair, at least two (2) Vice-Chairs and a Rapporteur by the mechanism outlined in Rule 10.
Proposed:
2.1 The ALAC shall elect a Chair, three (3) Vice-Chairs and a Rapporteur by the mechanism outlined in Rule 10.
Propose new rule 2.2.
2.2. All Officers must be from different geographic regions.
(rest of 2 to be re-numbered accordingly. Note, as ICANN's regional structure is been reviewed, this structure might be short lived.)
Someone familiar with ALAC voting procedures and voting procedures generally should re-write rule 10. I do not have any suggestion how to ensure geographic diversity among the elected Officers. It will make the slate complicated. For the time being suggest new rule (10.3?) as follows:
10.3. All Officers must be from different geographic regions.
And someone please work out how to achieve this.
Amend rule 10.9, adding the following sentence:
The vacancy must be filled by a person from the same geographic region as the departing Officer.
Description of the Administration Committee
Administration Committee
An Administration Committee will coordinate the work of the ALAC and support the Chair in administrative and organizational matters of the Committee.
The Administration Committee will be composed of the five ALAC Officers: Chair, three (3) Vice-Chairs and Rapporteur.
Administration Committee will support the Chair in duties described in rules 12.6, 12.8, 12.10, and 13.2 of the ALAC Rules and Procedures (as adopted 8 April 2008). The Administration Committee shall have no powers other than those explicitly granted by the ALAC, save that in urgent situations, the Administration Committee may make decisions on behalf of the ALAC. All such decisions will be communicated to the ALAC prior to or at the time of decision, and to be ratified at the next ALAC meeting.
The Administration Committee will not undertake any Duties of the Chair other than those stated above, or undertake any duties and responsibilities of other working groups and sub-committees of the ALAC.
Administration Committee discussion list will have a public archive.
- - - -
Hope this helps.
Adam
At 19/02/2009 01:37 AM, Evan Leibovitch wrote:
Alan Greenberg 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 thought that there was actually a proposal to eliminate the ExCom, in parallel to the effort to create rules to entrench it.
That may be so, but until it happens, documenting what is currently in place is on the list. And in addition to a call for elimination, there is also Adam's draft rules on the table as well. Alan
Dear Alan. Before talk about ROP changes, is neccessary as I said in last november, to decide first if Ex Com is a good idea. I think particularly to impose "de facto" a new body, with only a few ALAC members deciding for all of us, and in charge to decide what issues are urgent or important is not a democratic way to stablish something like that. But, I repeat, first of all is not legaly, because are not into ROP, and because was not voted the necessity of it creation. my best Carlos Dionisio Aguirreabogado - Sarmiento 71 - 4to. 18 Cordoba - Argentina - *54-351-424-2123 / 423-5423 www.derechoytecnologia.com.ar http://ar.ageiadensi.org
Date: Thu, 19 Feb 2009 00:57:53 -0500 To: alac@atlarge-lists.icann.org From: alan.greenberg@mcgill.ca Subject: [ALAC] Rules of Procedure (RoP) re-write
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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_________________________________________________________________ ¿Aburrido? Ingresá ya y divertite como nunca en MSN Juegos. http://juegos.ar.msn.com/
Carlos, at this point, the ALAC has voted for the creation and in that motion, instructed that more details rules be created. As Rapporteur, I am trying to follow those instructions. I also stated in my work plan that an overall RoP re-write was in my plan, and I had no objections raised to that. So I am trying to do that job. I note that the ExCom issue is a SMALL part of the overall RoP. If you feel that the ALAC should take some other immediate action (either to stop the re-write or abolish the ExCom with details on exactly what that means), I suggest that as an ALAC member, you make a motion to that effect. Alan At 19/02/2009 07:04 AM, carlos aguirre wrote:
Dear Alan.
Before talk about ROP changes, is neccessary as I said in last november, to decide first if Ex Com is a good idea.
I think particularly to impose "de facto" a new body, with only a few ALAC members deciding for all of us, and in charge to decide what issues are urgent or important is not a democratic way to stablish something like that.
But, I repeat, first of all is not legaly, because are not into ROP, and because was not voted the necessity of it creation.
my best
Carlos Dionisio Aguirre
abogado - Sarmiento 71 - 4to. 18 Cordoba - Argentina - *54-351-424-2123 / 423-5423 <http://www.sitioderecho.com.ar/>www.derechoytecnologia.com.ar http://ar.ageiadensi.org
Date: Thu, 19 Feb 2009 00:57:53 -0500 To: alac@atlarge-lists.icann.org From: alan.greenberg@mcgill.ca Subject: [ALAC] Rules of Procedure (RoP) re-write
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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---------- ¿Aburrido? Ingresá ya y divertite como nunca en MSN Juegos. <http://juegos.ar.msn.com/>MSN Juegos
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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http://atlarge-lists.icann.org/mailman/listinfo/alac_atlarge-lists.icann.org
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participants (5)
-
Adam Peake -
Alan Greenberg -
carlos aguirre -
Carlton Samuels -
Evan Leibovitch