Stephane . First of all I want to apologize by my ignorance if it the case. Second I ask, in order to learn more. I ask the question to whom I consider is the person capable to give me answers. Going directly to the point, I have to say that I have a few doubts in relation with the past teleconference call quorum. My specific doubt is about, differents points: 1- Why did you accept the proxy given by Thomas Rickert to Mason Cole, being Thomas a NCA, and having in account that our OR&P, the specific rule say: 3.8 Absences and Vacancies 3.8.4 Remedy: Temporary Alternate a. For a Councilor who is not appointed by the Nominating Committee, the appointing organization may, at its discretion, name a Temporary Alternate to serve in the absent or vacant Councilor’s seat. b. For a voting NCA, the Council non-voting NCA is immediately activated to serve as a Temporary Alternate subject to provisions in Section 4.7-Temporary Alternate. The communication required pursuant to Section 4.8-Procedures, Paragraph b, if it cannot be submitted by the voting NCA, will be completed and forwarded by the non-Voting NCA.----------------------- 2- I understand (correct me if Im wrong) The Quorum needed to session in case of CPH is 7 Councilors present, all of this according Chapter 4.0: Voting 4.1 Quorum In order for the GNSO Council to initiate a vote, a quorum must be present. A quorum is a majority of voting members in each House, which must include at least one member of each Stakeholder Group. In case of the past teleconference call I can see on the transcript record only 6 councilors present & the proxy y (given badly in my point of view) by Thomas to Mason, List of attendees: Contracted Parties House Registrar Stakeholder Group: Stéphane van Gelder, Mason Cole, Yoav Keren gTLD Registries Stakeholder Group: Jeff Neuman, Jonathan Robinson, Ching Chiao- – absent, apologies, proxy to Jeff Neuman Nominating Committee Appointee (NCA): Thomas Rickert – absent, apologies proxy to Mason Cole Could you explain me what was the procedure to session? ------------------------------------ 3 - In a hypothetical case that proxy was bad given (having in account the rules mentioned), what is the solution for votes in each motion debated on the call? others clauses applicable in my point of view, for this case are: Chapter 4.0: Voting 4.1 Quorum In order for the GNSO Council to initiate a vote, a quorum must be present. A quorum is a majority of voting members in each House, which must include at least one member of each Stakeholder Group........b. Quorum An absent Council member does not count toward quorum even if a proxy has been established. A Temporary Alternate (see Section 4.7-Temporary Alternate below) if present, would count toward quorum. (4.6 Proxy Voting An abstaining or absent Council member as defined above (the Proxy Giver) may transfer his or her vote to any other Council member (the Proxy Holder).) BUT c. Proxy Notification A proxy notification must be sent to the GNSO Secretariat and should indicate which type it is. The notification should, where applicable, be sent by the Proxy Giver's appointing organization. Ordinarily a proxy notification must be received by the GNSO Secretariat before the start of the relevant meeting. 1 The term “appointing organization” (see Section 1.3.1) does not comprise the Nominating Committee; therefore, the Voting Direction remedy does not apply to House NCAs. 1.3 Definitions 1.3.1 An “appointing organization” is defined to be the Stakeholder Group or Constituency that elected or appointed a representative to the GNSO Council1. Note that, for the purposes of these procedures, the Nominating Committee is not considered an “appointing organization.” Im asking you because I sent to Wolf a private chat during the teleconference, and Im still waiting your response (probably he may have not seen it). At the end, I want give my thanks in advance for time and the explanation that you can give me. Carlos Dionisio Aguirre NCA GNSO Council - ICANN former ALAC member by LACRALO Abogado - Especialista en Derecho de los Negocios Sarmiento 71 - 4to. 18 Cordoba - Argentina - *54-351-424-2123 / 423-5423 http://ar.ageiadensi.org