I think you're wrong about the likely legal advice, since the same bylaw provision delegates to the ALAC itself substantial discretion in how how the election takes place. If you really need all 15 "electing," we would simply adopt a procedure by which ALAC members gave their proxies to the people from the host region. At the end of the day, the ALAC can decide how and when it wants to select its Chair, and that bylaw provision can't prevent that. And why should it? I think the clear intent of the provision is to give us substantial latitude in the internal governance of the ALAC. 

On Jul 9, 2007, at 11:41 AM, Nick Ashton-Hart wrote:

I doubt - very much - that the General Counsel would agree that 3 people out of 15 electing a chair every few months is in conformity with the Bylaws - quite the contrary.

If the Committee decides to go with this type of structure I will of course ask.

On 9 Jul 2007, at 19:15, Bret Fausett wrote:

Nick, thanks for point out the bylaw provision, but it doesn't change anything. The "procedure adopted by the Committee" would be that the three representatives from the host region elect a Chair. 

On Jul 9, 2007, at 11:01 AM, Nick Ashton-Hart wrote:

Bret, an election for the Chair of ALAC isn't optional - see the ICANN Bylaws, Article XI,S2(4)(d):

"The Chair of the ALAC shall be elected by the members of the ALAC pursuant to procedures adopted by the Committee."

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