Vanda, Please see below a copy of the email sent by the ICANN general Counsel at the time, giving his (very clear) assessment of the situation. I hope this can help. I am copying the Council so everyone is aware of the ongoing discussions between you and I on this and the fact that we are working to resolve this issue. Thanks, Stéphane Van Gelder Directeur Général / General manager INDOM Group NBT France ---------------- Head of Domain Operations Group NBT JJ's email:
From: John Jeffrey <john.jeffrey@icann.org> Subject: Fwd: formal position requirement Date: October 19, 2011 9:19:12 AM PDT To: Stéphane Van Gelder <stephane.vangelder@indom.com>, Adam Peake <ajp@glocom.ac.jp> Cc: Samantha Eisner <Samantha.Eisner@icann.org>, Robert Hoggarth <robert.hoggarth@icann.org>, Liz Gasster <liz.gasster@icann.org>, Daniel Halloran <daniel.halloran@icann.org> Bcc: John Jeffrey <john.jeffrey@icann.org>
Dear Stephane and Adam,
I write to you jointly as Chairs of the GNSO and the NomCom. I received the attached note from Carlos Dionisio Aguirre regarding the NomCom appointees to the GNSO and noted the need to provide advice on the ICANN Bylaws.
Article X, Section 3.e requires the NomCom to appoint three members of the GNSO Council. Of those appointees, one shall be non-voting, and “one voting representative shall be assigned to each House . . . by the Nominating Committee.” This Bylaws provision requires the NomCom to assign voting representatives among the GNSO’s contracted and non-contracted party houses. Pursuant to the Bylaws, this assignment work should not be left to the GNSO.
I appreciate that with the GNSO Restructuring, the initial assignment of the single NomCom Appointee (NCA) selected by the NomCom in 2010 did not pose a lot of complexity. However, now that the restructured form of the GNSO Council is in place and the NomCom is making appointments for multiple NCAs, it is important for the NomCom to complete the assignment process and identify the roles of the NCAs to the GNSO. If possible, I encourage the NomCom to complete this assignment process prior to the ICANN AGM in Dakar, Senegal and the seating of the new GNSO Council members (28 October 2011).
Due to the NomCom’s appointment rotation (2 NCAs to the GNSO in odd years, 1 NCA in even years), it may be beneficial for the NomCom and GNSO to consult together to determine if the GNSO would be better served by having both voting NCAs rotate at the same time, or if it is preferable to have 1 voting and 1 non-voting NCA rotate at the same time, with the term of the other voting NCA rotating in even years. Further, as the NomCom and the GNSO continue dialogue on identifying skill sets for the NCAs to the GNSO, skills desirable for each role (Non-Contracted House NCA, Contracted House NCA and Non-Voting NCA) could be identified for NomCom consideration.
I look forward to seeing you in Dakar. If you have any questions, or we can be of assistance to you, please let us know.
John Jeffrey General Counsel & Secretary ICANN JJ@ICANN.org
Le 3 août 2012 à 19:37, Vanda UOL <vanda@uol.com.br> a écrit :
Dear Stéphane We start again, as I said, debating inside the Committee and since our notes are not recorded, we have the best the staff get from the points discussed inside our meetings/calls. My personal recollection is that we just debated and no final decision was taken related to placing of the appointee within the GNSO structure. By the other hand, we do deal with the position open for the GNSO this year as a non-voting position during the selection process, as all Committee members have stated when you first asked. However, this does not mean the candidate does not fit for a vote position. Do you have any transcription of the meeting we had with GNSO about the issue, to share with NomComm members?
If you have and can share, will certainly help. Thank you in advance,
Vanda Scartezini ICANN Nominating Committee Chair 2012 Tel + 5511 3266.6253 Mob + 55118181.1464