[[--Translated text (en -> es)--]] Asunto: Re: =? Iso-8859-1? Q? Confusión = F3n_-_ClarF3n_de_la_Regi =? == Iso-8859-1? Q? Ificaci = F3n? = De: josefranciscoarce@gmail.com Querido República de Corea, todos, Mi respuesta está por debajo de cada parragraph Saludos cordiales José Arce. - 19/08/2012 Webmaster <rok@bango.org.bb>

Jose,

I am having trouble with the translation but from what I understand you to say, this is my response:

* * No hay problema ROK, me referiré a la suya duda aquí en Inglés. Y pedir perdón por no haber ** **** **** hecho esto antes ** en Inglés. *

You did make a decision which is not properly yours to make. You cannot determine that a candidate does not meet the requirements when there is ample evidence in the rules that suggests that the candidate meets the requirements. A ruling is a decision one way or the other. It is a matter of opinion and you sought to impose your opinion. If the rules wanted a Chairman to make executive decisions it would have spelt it out in the same manner that it spelt out the administrative role of the Secretariat. If a rule is not there you cannot assume you can undertake this role.

**

*Most of you have spoken out against what you called "The president's decision." Here is the first mistake. I never took any decision. Just see the English version of my email in the last paragraph I only mention the word "consider". All the discussion that is derived from there is incorrect. ​​“**No decision was taken by the president”** or chairman or the name what you want to called. *

The rules are very clear and you cannot impute a role for yourself that is not there. There is a reason why the Chairman does not have an executive role and it is clear from the rules that the reason this is not so, is because the rules make provisions for all members to participate in decision making. This is very consistent with the spirit of the rules. What is inconsistent with the rules is that one person cannot make a decision on behalf of all the members of LACRALO and therefore in the absence of specific provisions to make such a decision, you will be exceeding your boundaries if you do so. In law such action is called "Ultra Vires".

How can it be a mistake to let members decide? Are you saying that the members are not competent to make such a decision? Or are you afraid that the majority will decide that Humberto meets the requirement, which is what you don't want? Do you not trust the majority to make the right decision?

**

*I appreciate your point of view, but everything you say is based on a false premise. **You** **think** **that I took a** **decision** **that never really** **existed**. And this happened because people read what they want to read and not what I really wrote. I have no fear of anything. My duty is to be multi-partial. Impartiality exists only as a concept. I must serve the interests of the entire region and this means the interests of each ALSes too. ***

Now this is a problem. You are not "President". You are Chairperson. The use of the word president is misleading and you cannot assume that because you are Chairperson that you have any executive authority. Your role as Chairperson is spelled out in the Operating Principles of LACRALO at paragraph 4:

"His duties will consist of, among other things, establish a link between the discussions in ALAC and the contributions made by the region, represent the region in the ALAC face-to-face meetings and chair the debates of the Assembly held through discussion lists, teleconferences and face-to-face meetings."

**

*Thanks for sharing your point of view about that.*

No decision making here except in chairing meetings. Even your role as emissary does not allow you to make any decisions or declare any LACRALO positions that were not approved by the members of LACRALO. It seems clear to me that the rules are written this way because LACRALO is based on total participation which is a fundamental aspect of democracy. It also means that ICANN and LACRALO do not want any one-man decisions. They were established to get wide inputs. This is consistent with how ICANN operates (seeking inputs from users) and it is obvious that LACRALO was established in this spirit. According to the rules, this is not a one-man show. It is a collective operation. Let us therefore respect the rules and not flout the rules to make them what one man wants them to be.

**

*Again, I never took any decision. I agree on LACRALO is based on total participation which is a fundamental aspect of democracy*

To use your favorite term, there is no "power" in the hands of the chairperson, all the power is in the hands of the members collectively. The rules are very clear about this. As a member of LACRALO I am not going to sit by and allow you to make a precedents that goes against the spirit of LACRALO or ICANN which were set up for the specific purpose of gathering the opinions of internet users to influence ICANN policy.

*First of all, I will ask you that speak to me with respect. For one

que tú y que yo merezco respeto. * * Usted tiene que darse cuenta de que está trabajando en una organización internacional y no se puede utilizar un vocabulario fuera de lugar. Esto se traduce en una falta de con respecto a toda la región. No es la primera vez que se encuentra fuera del lugar. Espero que no se repita y que usted se da cuenta de que se excede sus palabras. Tu mano es más rápida que su cerebro.* * Mi palabra favorita es la base de la humanidad: "El respeto por los demás" *.

Let me state here that the Secretariat is endowed with all the executive powers given and this is limited to administration, whereas the Chairperson has no executive powers at all. Again the role of the organisation is the reason for this because even the Secretariat cannot make such a decision. I would therefore, suggest that you get familiar with the rules in order to avoid a repeat of this kind of debacle. I suggest also that the members who made the rules were not hallucinating or in a drunken state at the time, they knew exactly what they were doing and they wrote exactly how they wanted the organisation to be managed. The "power" of LACRALO is in the Assembly and it is specified how the Assembly is constituted. ** *Let me tell you that the “debacle” was started because you **did not read ** **the** **email** **properly** **and you did not wait** **the English version** **before answer. And if you had some doubts the right way to do things is request a clarification. Some of the fellows sent me private emails asking me about the situation. *

ROK

-----Original Message----- From: josefranciscoarce@gmail.com Sent: Sunday, August 19, 2012 8:59 AM To: lac-discuss-en@atlarge-lists.**icann.org<lac-discuss-en@atlarge-lists.icann.org> Subject: [lac-discuss-en] =? Iso-8859-1? Q? Confusion = F3n_-_ClarF3n_de_la_Regi =? == Iso-8859-1? Q? Ificaci = F3n? =

[[--Translated text (es -> en)--]]

Subject: =? Iso-8859-1? Q? Confusion = F3n_-_Clar F3n_de_la_Regi =? == Iso-8859-1? Q? Ificaci = F3n? = From: josefranciscoarce@gmail.com

Dear,

Just to clarify the situation so far seems confused about the issue of the application of ALAC, I will discuss briefly the situation raised.

1) The majority of you have spoken out against what you The decision of the president called. I have that first error. I never decisin take some text and copy the last paragraph of my email, where you see, just say the word THINK. All that is alles drift incorrect. PRESIDENCY took no decision.

* ... The Presidency considers that Mr. Humberto Carrasco NOT meet required residency requirements to be accepted as a candidate vlido within the election process that is open to cover representative office of LACRALO to ALAC * ...

2) It is a mistake to go to a votacin agree or not a decisin that does not exist and never existed. This president never expressly against which the region is expressed and to take the decision. : What I will not and allow opondr me, voting is based on incorrect assumptions and against decisions that did not exist.

3) Not having clear rules brings disadvantages. The powers of the estn presidency within a frame within a valid assembly. No ALUSIN there any permisin to make a decision of that kind, but there is no explicit negation thereof.

With these points covering the cuestin aqusolo wanted to clarify, and tendroportunidad the day Monday to answer the questions you want. Again, the president never took a decisin nor opposed the votacin. Likewise consult with the legal staff of ICANN, and talk to everyone who should speak, cuestin also expressed in my email. I ask all who read the email again and if in doubt consult close range.

With this aclaracin, hopefully clarification on Monday and fix everything.

Regards

JosArce ______________________________**_________________

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