With respect to the question about capture by a group: Whilst of course you could provide for this (and anything else) in the MoU, what I would like to encourage is a clear division as follows between the contents of the MoU and the Operating Principles: MoU - The ONLY parts here are what is relevant to the interaction between the ALSes corporately as a unit and ICANN Operating Principles - What is relevant to the interaction between the ALSes as individual actors, preparatory to or independent of the corporate interaction of the whole membership with ICANN. The reason I suggest this is because it gives the RALO much greater capacity to make rules relevant to its internal operations over the course of time without the necessity of amending an MoU with a third party. The rule that you are suggesting Robert is, it seems to me, something that relates to the checks and balances with respect to the selection of the ALAC members for the region, and therefore inherently something internal to RALO operations. On 15/02/07, Mr. Robert Guerra <lists@privaterra.info> wrote:
interesting point.
I was under the impression that once formed, the RALO would take over the NC role for nominating representatives. However, there is a danger - one where the RALO gets captured by a lobby group of some kind.
This should be discussed further on the list, that's for sure. What to do others think?
I would suggest that unlike other regions, we make sure to include a clause in the NA MoU to address this specific issue.
regards,
Robert --- Robert Guerra <rguerra@privaterra.org> Managing Director, Privaterra Tel +1 416 893 0377
On 15-Feb-07, at 2:03 PM, Nick Ashton-Hart wrote:
Dear all:
Since a query was raised about the possibility of the Nominating Committee having a potential role in the appointment of NA ALAC Reps, I wanted you to see the reply by Dan Halloran in respect of this point. The quotation is my question; his outdented text below is the reply. Please note that the query below that is in reference to when ALAC members must be elected post-RALO formation; I've included this here, as it may be of use:
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If a region wishes to adopt a procedure to require consensus in choosing its two regional ALAC members whereby, if consensus cannot be reached, the decision is referred to an entity external to At- Large, can they do this? The NA region is discussing referring deadlocks to the Nominating Committee, instead of simply voting based upon a vote.
I think the Bylaws are clear that it is the responsibility of the RALO to select the two ALAC members. The RALO could maybe refer to an external source for guidance or suggestions, but the ultimate responsibility for making the selection rests with the RALO. I do not think it would be appropriate to allow the ICANN Nominating Committee to take over the responsibility for selecting ALAC members from the RALO. The Bylaws specify that the NomCom picks 5 out of 15 ALAC members, and it would not be appropriate to grant the NomCom more selections by ceding them from the RALOs. Also the ALAC is responsible for picking 5 out of 17 members for the NomCom, and we need to avoid any drift towards "circularity" in all these committees. (Perhaps something could be worked out with the NomCom where they would share information about willing and qualified but not-selected candidates? But that's a far stretch from directly allowing the NomCom to appoint the RALO's ALAC members ...)
Some regions are wondering if they should delay electing their ALAC representatives until the ICANN AGM each year. Of course LAC didn't choose to do this, and I have advised them that they are under no obligation to wait; they can elect new ALAC members (or re- elect the same people) to replace the Board appointees upon signature of the MoU.
RALOs don't have to wait until the AGM to elect their ALAC members. The terms of the two members coincide with the end of alternating AGMs, but the RALOs can (and probably should) hold their elections for those postions in advance of the actual AGM.
On your further question on point 3, the Bylaws do explicitly provide that new RALO-selected ALAC members will immediately displace the Board-appointed Interim members:
"Upon the entry of each RALO into such a Memorandum of Understanding, that entity shall be entitled to select two persons who are citizens and residents of that Region to be members of the At-Large Advisory Committee established by Article XI, Section 2(4) of the New Bylaws. Upon the entity's written notification to the ICANN Secretary of such selections, those persons shall immediately assume the seats held until that notification by the Interim At-Large Advisory Committee members previously selected by the Board from the RALO's region." < http://www.icann.org/general/bylaws.htm#XX-7.5 >
-- -- Regards,
Nick Ashton-Hart PO Box 32160 London N4 2XY United Kingdom UK Tel: +44 (20) 8800-1011 USA Tel: +1 (202) 657-5460 Fax: +44 (20) 7681-3135 mobile: +44 (7774) 932798 Win IM: ashtonhart@hotmail.com / AIM/iSight: nashtonhart@mac.com / Skype: nashtonhart Online Bio: https://www.linkedin.com/in/ashtonhart _______________________________________________ NA-Discuss mailing list NA-Discuss@atlarge-lists.icann.org
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-- -- Regards, Nick Ashton-Hart PO Box 32160 London N4 2XY United Kingdom UK Tel: +44 (20) 8800-1011 USA Tel: +1 (202) 657-5460 Fax: +44 (20) 7681-3135 mobile: +44 (7774) 932798 Win IM: ashtonhart@hotmail.com / AIM/iSight: nashtonhart@mac.com / Skype: nashtonhart Online Bio: https://www.linkedin.com/in/ashtonhart