Mike Thanks for the input. It is much appreciated. As a representative from the ccNSO you have to be aware that there is a significant understanding from many participants that in order to be 'a member of the ccNSO' one has to be employed by a ccTLD. Now, you and I both know that this is incorrect. A person is never a member of the ccNSO -- it is an organisation. But nonetheless this perception persists. It was voiced to me from several directions in respect of Lesley Cowley's continued membership of Council following her resignation from .UK. And I have heard it in other contexts. more recently, too. I think that appointments that are governed by the by-laws have to be fulfilled in accordance with the ICANN by-laws, and not by other rules. If other rules are needed, we must discuss, and -- with the benefit of professional advice -- embed those rules in the by-laws. What this all means is when a person is appointed in a personal capacity according to the by-laws, then they continue to serve, irrespective of by whom they are employed. I think we agree on this vehemently. On 06/06/16 14:08, Mike Silber wrote:
Hi Nigel
Apologies to butt in here.
This is a CUSTOMER standing committee. I have no issue with persons needing to be CUSTOMER representatives. Accordingly, if the entity being represented by the individual ceases to be a customer (for example a redelegation) or if the individual ceases to represent the customer (for example retirement, resignation etc) then I think it is entirely appropriate for that person to be regarded as no longer appropriate to serve on a CUSTOMER standing committee.
Personally I think that it should be an OPTION to remove a person in those circumstances, but not obligatory. A person may have more time to contribute post-retirement (for example), but after a while if not actively involved in interacting with IANA, their knowledge will start going stale. So obligatory could be appropriate too – I don’t have a very strong attachment to it being optional.
The ccNSO board appointees are appointed in their personal capacity. I have NEVER been employed by a ccTLD manager and this has been known to the ccNSO before I joined. Likewise the Council is appointed by ccTLDs but not restricted to ccTLD employees and there have been some on the council who are not EMPLOYED by a ccTLD manager.
I don’t agree with your view that appointing customer standing committee members based on them being a customer has any implications for ccNSO council members or board appointees – as we are not representatives in either of those for a – nor are we “customer” representatives.
Mike
On 06/06/2016, 11:54, "Nigel Roberts" <owner-ccnso-council@icann.org on behalf of nigel@channelisles.net> wrote:
Peter
Thank you for this suggestion.
-Demostrated employment by a ccTLD manager a commitment to hand in her/his resignation from the CSC to the ccNSO council upon leaving that employment
I'm a little unsure at this ti me whether the ccNSO has the ability (like some Member States try with EU law implementation) to "gold-plate" the ICANN By-Laws which are specifically intended (at least by the ICANN board and staff at the time) that appointees serve in an individual capacity, not ex officio.
And I'm not sure this is a principle that we necessarily wish to impose en passant without serious futher debate and discussion throughout the ccNSO Membership, and consulation (if only informally) with the ICANN legal and the ICANN Board.
It has implications for Councillors and for Board Members.
The situation with our two ccNSO appointed Board Members is that at least one (and possibly both) are no longer employed by a ccTLD manager.
I do not recommend making such a change just yet, but it is something we must discuss in depth as soon as we can.