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<p><font size="+1"><font face="Lucida Grande">That was my
recollection as well.</font></font></p>
<p><font size="+1"><font face="Lucida Grande">Stephanie</font></font><br>
</p>
<br>
<div class="moz-cite-prefix">On 2017-02-21 21:47, Rafik Dammak
wrote:<br>
</div>
<blockquote
cite="mid:CAH5sThkz_88Bx3G7tEGDWE92B70StT7fSObtFSqxtcahAT_MUA@mail.gmail.com"
type="cite">
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<div dir="ltr">
<div class="gmail_extra">Hi Ed,</div>
<div class="gmail_extra"><br>
</div>
<div class="gmail_extra">I don't think Mason served in council
while being liaison to GAC. his term in GNSO council was from
2011 to 2013, then he served as liaison in 2014 (GAC early
engagement pilot project was in FY15-16)</div>
<div class="gmail_extra"><br>
</div>
<div class="gmail_extra">Best,</div>
<div class="gmail_extra"><br>
</div>
<div class="gmail_extra">Rafik<br>
<br>
<div class="gmail_quote">2017-02-22 3:11 GMT+09:00 Edward
Morris <span dir="ltr"><<a moz-do-not-send="true"
href="mailto:egmorris1@toast.net" target="_blank">egmorris1@toast.net</a>></span>:<br>
<blockquote class="gmail_quote" style="margin:0 0 0
.8ex;border-left:1px #ccc solid;padding-left:1ex">
<div dir="auto">
<div>Hi Tapani,</div>
<div><br>
</div>
<div>Mason Coke previously served as GAC liaison while
on Council. The rules may have changed though - good
idea to check.</div>
<div><br>
</div>
<div>And please don't go to Antarctica looking for a
Councillor. As Ayden properly pointed out, I botched
that one. Antarctica is not an ICANN region. Although
perhaps if it was those resident there might have
better internet access :) ( <a moz-do-not-send="true"
href="https://pilotfiber.com/blog/how-the-internet-reaches-antarctica/"
target="_blank">https://pilotfiber.com/blog/<wbr>how-the-internet-reaches-antar<wbr>ctica/</a> ).</div>
<div><br>
</div>
<div>Good luck with the selection.</div>
<div><br>
</div>
<div>Best,</div>
<div><br>
</div>
<div>Ed</div>
<div><br>
<div>Sent from my iPhone</div>
</div>
<div>
<div class="m_-6322387994676610075h5">
<div><br>
On 21 Feb 2017, at 17:58, Tapani Tarvainen <<a
moz-do-not-send="true"
href="mailto:ncsg@TAPANI.TARVAINEN.INFO"
target="_blank">ncsg@TAPANI.TARVAINEN.INFO</a>>
wrote:<br>
<br>
</div>
<blockquote type="cite">
<div><span>Hi Ed,</span><br>
<span></span><br>
<span>Thank you! I was just in the process of
collecting exactly</span><br>
<span>this information, you saved me a ton of
work. :-)</span><br>
<span></span><br>
<span>One potentially relevant thing you omitted
is that Carlos is GNSO's</span><br>
<span>GAC liaison, which may be incompatible
with councillorship. Even if it</span><br>
<span>is though it doesn't mean he'd be
ineligible from our viewpoint, he'd</span><br>
<span>just have to resign if appointed. I will
check to confirm this.</span><br>
<span></span><br>
<span>Thanks again,</span><br>
<span></span><br>
<span>-- </span><br>
<span>Tapani Tarvainen</span><br>
<span></span><br>
<span>On Feb 21 08:34, Edward Morris (<a
moz-do-not-send="true"
href="mailto:egmorris1@toast.net"
target="_blank">egmorris1@toast.net</a>)
wrote:</span><br>
<span></span><br>
<blockquote type="cite"><span> Hello everybody,</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> I’ve been pleased
to see the spirited discussion on list about
the process to select someone to represent
the NCSG on the GNSO Council in light of Amr
Elsadr’s recent resignation. I know, like
and respect all four announced candidates,
and would encourage anyone else interested
in serving on Council to put their names
into the pool for consideration. As a
current Councilor I don’t feel it is my role
to support or endorse any particular
candidate so I’m not. Rather, I look forward
to welcoming to Council the individual
selected to serve as a temporary /
replacement Councilor and pledge to do all I
can to help him or her adjust to her or his
new role.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> I’ve read lots of
unique suggestions and ideas that have been
promulgated on list for filling the open
slot: elections, a shared seat, short term
appointees who pledge not to run for
re-election etc. What all of these well
meaning ad hoc ideas ignore is that we as a
community are bound together by a set of
governing documents that anticipated that
vacancies may occur on Council and created
procedures we may now use to determine both
who selects the replacement Councilor, the
type of replacement, and who is eligible to
serve as same. The relevant governing
documents are:</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> 1. The Bylaws For
Internet Corporation For Assigned Names and
Numbers (ICANN Bylaws):</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> <a
moz-do-not-send="true"
href="https://www.icann.org/resources/pages/governance/bylaws-en/#article11"
target="_blank">https://www.icann.org/resource<wbr>s/pages/governance/bylaws-en/#<wbr>article11</a></span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> 2. The GNSO
Operating Procedures, version 3.2 (GNSO OP):</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> <a
moz-do-not-send="true"
href="https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf"
target="_blank">https://gnso.icann.org/en/coun<wbr>cil/op-procedures-01sep16-en.<wbr>pdf</a></span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> 3. The NCSG
Charter (NCSG Charter):</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> <a
moz-do-not-send="true"
href="https://gnso.icann.org/en/improvements/ncsg-charter-05may11-en.pdf"
target="_blank">https://gnso.icann.org/en/impr<wbr>ovements/ncsg-charter-05may11-<wbr>en.pdf</a></span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> In this post I’d
like to go through the relevant sections of
these documents with you so as we go forward
we do so in compliance with the documents
that constitute the legal essence of the
Non-Commercial Stakeholder Group.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> HOW WE DETERMINE
THE REPLACEMENT COUNCILOR</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> 1. ICANN Bylaws</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> The ICANN Bylaws
§11.3c states:</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> A vacancy on the
GNSO Council shall be deemed to exist in the
case of the death, resignation, or removal
of any member. Vacancies shall be filled for
the unexpired term by the appropriate
Nominating Committee or Stakeholder Group
that selected the member holding the
position before the vacancy occurred by
giving the GNSO Secretariat written notice
of its selection. Procedures for handling
Stakeholder Group-appointed GNSO Council
member vacancies, resignations, and removals
are prescribed in the applicable Stakeholder
Group Charter.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> Amr’s resignation
has created a vacancy on the GNSO Council.
As he was appointed by the NCSG, procedures
for his replacement are contained in the
NCSG Charter.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> NCSG Charter §3.2
reads:</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> In the event that
a GNSO Council Representatives is unable to
finish his or her term, the NCSG-EC will
appoint a temporary GNSO Council
Representative to serve until the next
regularly-scheduled election as provided in
Section 3.8 of the GOP. At that time, a new
GNSO Council Representative will be elected
to serve out the balance of the vacated
term, if any.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> The NCSG EC is
charged with appointing a temporary GNSO
Council Representative. As Amr’s term was
scheduled to end at the next election there
will be no balance of the vacated term to
fill at that time.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> I should note
that myself, Stephanie Perrin and Rafik
Dammak are in the first year of a two year
term as Councilors that extend to 2018.
Stefania Milan and Marilia Maciel have terms
ending this year. They both, as well as
whomever is selected to fill the vacant
seat, will be eligible to run for
re-election to Council. Neither are term
limited.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> TYPES OF
REPLACEMENTS</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> The GNSO OP
§3.8.3a cites the ICANN Bylaws in referring
to Council vacancies due to “resignation or
other permament vacancy”. However, GNSO OP
§3.8.3b also states:</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> During any
transition period following the occurrence
of the permanent vacancy, but before a new
election or appointment and subsequent
seating of the replacement Councilor, the
remedy in Paragraph 3.8.4 is available.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> GNSO OP §3.8.4a
reads:</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> 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.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> This is exactly
what the NCSG-EC did when it appointed Avri
Doria, an excellent choice, as a Temporary
Alternate to serve in the Council seat
vacated by Amr during the February 16th GNSO
Council meeting. Matt Shears, Sarah Clayton
and Martin Pablo Silva Valent have also
served our community exceptionally well as
Temporary Alternate Councilors during the
current Council term.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> It is important
to note that Temporary Alternates are NOT
full Councilors. For example, per GNSO OP
§4.7 (ii) :</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> A Temporary
Alternate may not be selected to register a
proxy vote.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> The Temporary
Alternate position is designed to be a short
term measure to prevent any Stakeholder
Group from being short a voice during a
planned absence of a Councilor or in
response to a sudden vacancy. It is not
intended to be a long term solution. As
such, rules applicable to selection of
individuals for Councilor positions (for
example, term limits) appear not to be
applicable to Temporary Alternates (although
one could certainly argue the spirit of such
rules means they should).</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> So there are two
types of substitutes allowed for a vacated
seat:</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> 1. Temporary
Alternate: a short term appointment for a
limited term with limitations on Councilor
powers granted to him or her and,</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> 2. Temporary
(NCSG Charter) / Replacement (GNSO OP)
Councilor: appointment of an individual to
serve until the next election period, which
in this case means the expiration of the
term of the vacated seat.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> ELIGIBILITY
ISSUES</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> ICANN Bylaws
§11.3b contains two provisions of interest:</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> For these
purposes, a person selected to fill a
vacancy in a term shall not be deemed to
have served that term, A former Council
member who has served two consecutive terms
must remain out of office for one full term
prior to serving any subsequent term as
Council member.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> Anyone selected
to serve as the Temporary / Replacement
Councilor will then be eligible to serve an
additional two full terms. This currently
applies, for example, to Marilia Maciel who:
1) filled a vacancy and then 2) was elected
to serve one full term. She is eligible to
run for one additional full term.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> David Cake is the
only NCSG member ineligible to serve as a
Temporary/Replacement Councilor by virtue of
having completed two consecutive terms
within the past two years (two years being a
full term).</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> CRITERIA</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> ICANN Bylaws
§11.3a reads:</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> Stakeholder
Groups should, in their charters, ensure
their representation on the GNSO Council is
as diverse as possible and practicable,
including considerations of geography, GNSO
Constituency, sector, ability and gender.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> NCSG Charter §3.1
states:</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> The NCSG is
assigned six (6) GNSO Council seats through
the ICANN Bylaws. All NCSG GNSO Council
representatives will be directly voted on by
the full membership of the NCSG using
weighted voting as defined in Section 4. To
the maximum extent possible, no more than
two (2) NCSG GNSO Council Representatives
can be declared resident of the same
geographic region as defined by ICANN.
Reasonable efforts should be taken to
recruit nominees so that all geographical
regions may be represented by the NCSG GNSO
Council Representatives. Reasonable efforts
should also be taken to ensure gender
balance and in no circumstance should there
be fewer than 2 members of any gender.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> Although it could
be argued that NCSG Charter §3.1 applies
only to those Councilors selected by
election rather than appointment, read in
conjunction with ICANN Bylaws §11.3a it is
clear that the diversity requirements apply
here as well. NCSG Charter §3.1 is the
Charter component that directly complies
with ICANN Bylaws §11.3a, a provision that
does not specify mode of selection. Poor
legal construction in the Charter is no
reason to ignore the Bylaws requirement and,
in fact, if read in such a way the NCSG
Charter would arguably not be in compliance
with the ICANN Bylaws.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> The current
composition of the NCSG GNSO Council
representation is:</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> 3 female, 2
male 2 Europe 1 North America 1
Asia / Australia / Pacific 1 Latin
America / Carribean</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> The ICANN Bylaws
requires the NCSG EC to attempt, in making
its appointment, to ensure that our
representation on the GNSO Council is “as
diverse as possible and practicable,
including considerations of geography, GNSO
Constituency, sector, ability and gender”.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> In implementing
this Bylaws mandate the NCSG Charter created
the hard requirement that there should be no
fewer than two members of the same sex in
the GNSO Council contingent. As that
requirement has already been met by the
current Council group it is inapplicable to
the current appointment.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> “To the maximum
extent possible” the NCSG EC needs to ensure
in making this appointment that no more than
two Council representatives are residents of
the same ICANN defined geographic region. As
Europe is already at the maximum capacity of
2 representatives, “to the maximum extent
possible” the individual selected for the
temporary/replacement role should be
resident in a different ICANN region. No
other region is impacted by this section of
the Charter.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> Reasonable
efforts must be made by the NCSG EC to
ensure:</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> all
geographical regions are represented in the
GNSO Council cohort, and the GNSO Council
group has gender balance.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> Amr Elsadar
resided in the ICANN designated African
region. We no longer have an African
resident on Council. The NCSG EC needs to
make a reasonable effort to try to replace
Amr with a resident of either Africa or
Antarctica, the two ICANN regions for which
the NCSG does not have Council
representation.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> Amr’s resignation
has also left our Council representation
with a gender imbalance: three woman, two
men. The NCSG EC needs to make a reasonable
effort to “ensure gender balance” by
replacing Amr with a male.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> As I understand
things, self nominations are still being
accepted for this position. I’m sure the
NCSG EC would encourage anyone interested in
applying for the position, most particularly
males and those residing in either Africa or
Antarctica. Making a reasonable effort to
meet these diversity goals would be helped
by the largest possible number of
applicants!</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> Please note that
the only absolute here is that David Cake
can not be the Temporary/Replacement
Councilor. Sorry Dave. :) All other criteria
are guidelines of various strengths
(“maximum extent possible”, “reasonable”)
that the NCSG EC is obliged to give
consideration to but is not required to
absolutely adhere to. Given the high
standards of the NCSG EC I’m sure they will
try and if, despite best efforts, their
selection does not correspond with
Bylaws/OP/Charter suggestions I’m quite sure
and expect they will tell us why. They do
not have an easy job.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> For the record,
these are not requirements that I personally
would prioritize. Please don’t shot the
messenger. :) A commitment to work, to
participate on Council small groups (where
Amr was excellent): these are my wish list
for my future colleague. I do, however,
believe in the rule of law rather than the
rule of man and these are the rules we have
to work with.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> I wish the NCSG
EC well in their deliberations and look
forward to welcoming a new Councilor on
board as soon as possible. We have lots of
work to do together. The sooner the better.</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> Kind Regards,</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span> Edward Morris</span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
<blockquote type="cite"><span></span><br>
</blockquote>
</div>
</blockquote>
</div>
</div>
</div>
</blockquote>
</div>
<br>
</div>
</div>
</blockquote>
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