At 24/09/2009 02:32 PM, Karl Auerbach wrote:
Standard rules of interpretation when applied indicate that the resolution specifically excludes the ALAC as "The At-Large Community" to which resolution refers.
ICANN's board knows how to spell "ALAC" or "At Large Advisory Committee" - and yet the board chose not to use those words when describing the appointive mechanism. And when the board did mean to specify the ALAC it did so by explicitly using the term "ALAC" in the clause that removed the "ALAC Liaison".
Karl, the wording of the Board resolution and the first cut at a methodology to select/elect the Board member are entirely consistent. If you look at the description of the current Supporting Organization Board members (in Article VI.2.1 of the Bylaws), it says: b. Two voting members selected by the Address Supporting Organization according to the provisions of Article VIII of these Bylaws. These seats on the Board of Directors are referred to in these Bylaws as Seat 9 and Seat 10. c. Two voting members selected by the Country-Code Names Supporting Organization according to the provisions of Article IX of these Bylaws. These seats on the Board of Directors are referred to in these Bylaws as Seat 11 and Seat 12. d. Two voting members selected by the Generic Names Supporting Organization according to the provisions of Article X of these Bylaws. These seats on the Board of Directors are referred to in these Bylaws as Seat 13 and Seat 14. Note that in each case, it uses the term for the entire SO. For example, in the last example, it refers to "Members selected by the GNSO", the GNSO being the entire organization including the full Constituencies. However, in Articles VIII, IX and X, when it talks about the selection process in more detail, it says: 2. The Address Council shall select Directors to those seats on the Board designated to be filled by the ASO. 9. The ccNSO Council shall make selections to fill Seats 11 and 12 on the Board by written ballot or by action at a meeting; any such selection must have affirmative votes of a majority of all the members of the ccNSO Council then in office. Notification of the ccNSO Council's selections shall be given by the ccNSO Council Chair in writing to the ICANN Secretary, consistent with Article VI, Sections 8(4) and 12(1). 6. The GNSO Council shall make selections to fill Seats 13 and 14 on the ICANN Board by written ballot or by action at a meeting; any such selection must have affirmative votes comprising a majority of the votes of all the members of the GNSO Council. Notification of the GNSO Council's selections shall be given by the GNSO Chair in writing to the ICANN Secretary, consistent with Article VI, Sections 8(4) and 12(1). So in each case, it is not the global SO that picks the Board members, but the appropriate Council. To what extent each Councillor follows instructions of their Constituency (if any) is up to that Constituency. And yes, the Board can spell, not only "ALAC", but "At-Large Community" which is a term defined in the Bylaws Article XI.2.4.i (http://www.icann.org/en/general/bylaws.htm#XI) to be the ALAC, RALOs and ALSs. Alan