Hi Dave,

Maureen already gave the main answer and that is: this is the report of the ALS-Mob-WP and it is reporting what the group did. The Bylaws may not be ready for an ALAC decision, and their lack does not impact what the ALAC must decide on. But it IS work the WP did and needs to be there if only as a placeholder saying more is coming. Otherwise it could be assumed the work is done and the group could be dissolved, which is not the case.

Lastly, Section 25 of the ICANN Bylaws describes how the process works once it gets to the Board based on a request from the ALAC. We are not at that stage yet and will not be until the ALAC decides (or not) to go forward with a request to alter the Bylaws.

Alan

At 2020-12-03 12:53 PM, Maureen Hilyard wrote:
HI Dave

Just if I may add a comment here with regards to this paragraph.

As I have indicated before, the removal of the actual bylaw discussions is something that was agreed upon because we did not want to hold the report back from being presented as a report endorsed by the ALAC for any further work required (in this case by Legal).

However, to remove this particular paragraph would mean that we are dismissing any reference to all the discussions the WP had about any possible changes that might be required in the Bylaws.  When these are requested for further higher level discussions by ICANN Legal, because they have been alluded to here, then Alan will be able to resurrect them again.

But I really think that this reference to proposed Bylaw Changes should remain, to remind the WP of the other discussions that took place and how they will be dealt with in the future - not something that we decide on at this stage.

But thank you for bringing your RALO's concerns to the wider community.

Regards
Maureen

On Thu, Dec 3, 2020 at 7:34 AM Dave Kissoondoyal <dave@igf-mu.org> wrote:

Dear Alan,

I want to thank you and all the members of the ALS Mobilization Working Party team for the number of hours devoted to come with a comprehensive report. I want to thank you also to listen to the voice of the community and bring the appropriate changes to the report.

I have already voted for the approval of the report and I have voted with a YES. However following the discussions we had in the AFRALO monthly meeting and after careful consideration of the points raised by members, I would humbly ask the following paragraph be removed from the ALS Mobilization Working Party Final Report :

Proposed Bylaw Changes
In the course of carrying out its work, the WP identified a number of places where the Bylaws should be modified either to align them with the current embodiment of At-Large or to address changes in these recommendations.
The proposed changes are still under discussion with the Office of the General Counsel and will be proposed to the ALAC at a later time. None of the recommendations in this report depend on the Bylaw change proposals.

As there is agreement that the bylaw changes are excluded from the report, it makes sense to remove the above paragraph from same.

Let us tackle the changes of the bylaws as already defined by Section 25 of the bylaws.

Thanks and kind regards

Dave Kissoondoyal
On 03/12/2020 06:46, Alan Greenberg wrote:
Thanks for the comment Tijani,

To be clear, the proposed Bylaw changes that were in the earlier version were issues discovered while the ALS-Mob-WP performed their duties of reviewing all of the documents. However, none of the issues discovered (an error in the intro paragraph of the ALAC section of the Bylaws, the confusing use of "certify" and "accredit" and the problem of the Bylaw still referring to individual members as an option) were actually related to the recommendation that the WP was making related to ALSes.

So nothing is harmed by delaying discussion of that section. And it is important to approve the ALS-related recommendation so that we can report to the Board that it is done (a report is required no later than the end of December) and of course start the work of implementation.

Referring to the Office of the General Counsel is simply a mechanism to ensure that there will not be any surprises down the road. There has been abundant time for people to comment on the proposals, and short of your comment that was based on an incorrect report version being posted, there have been NO negative comments on the intent of what was being proposed. Lastly, I note that it is typical in ICANN to have the legal team do the actual drafting of Bylaws so clearly they see them before the group concerned. Ultimately, the request to the Board to amend the Bylaws will have to come from the ALAC and that will ensure full support.

Alan


At 2020-12-02 06:06 AM, Tijani BEN JEMAA wrote:
Good morning,

I see that the ALAC is asked to ratify the ALS Mobilization WP final report that contains the following:
Proposed Bylaw Changes
In the course of carrying out its work, the WP identified a number of places where the Bylaws should be modified either to align them with the current embodiment of At-Large or to address changes in these recommendations.
The proposed changes are still under discussion with the Office of the General Counsel and will be proposed to the ALAC at a later time. None of the recommendations in this report depend on the Bylaw change proposals.

Perhaps it̢۪s more appropriate to wait and nd have the the whole report (with the proposed bylaw changes) submitted to the ALAC for ratification.

As I said before, in my opinion, the office of the general counsel shouldn̢۪t be consulted aboabout changes that the ALAC didn̢۪t already approve.
>
My 2 cents.

 
Le 2 déc. 2020 à 00:58, ICANN At-Large Staff < noreply-116500@bigpulse.com> a écrit :

Dear All,

The ALAC has been asked the following question:
 
Do you support the ratification of the ALS Mobilization Working Party Final Report (v 28 November 2020)? Please view the report here.

Please note that the ALAC ratification vote will close on Friday, 04 December 23:59 UTC.
 
Kind Regards,
 
ICANN Policy Staff in support of the At-Large Community
Website: atlarge.icann.org
Facebook: facebook.com/icannatlarge
Twitter: @ICANNAtLarge
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