<div dir="auto">I seconded Wisdom Donkor nomination. A great đ !<div dir="auto">Kudo Guy !</div><div dir="auto">OlĂ©viĂ©</div></div><br><div class="gmail_quote"><div dir="ltr">Le dim. 31 mai 2020 Ă 23:19, Rafik Dammak <<a href="mailto:rafik.dammak@gmail.com">rafik.dammak@gmail.com</a>> a Ă©crit :<br></div><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex"><div dir="ltr"><div>hi,</div><div><br></div><div>@Amr @Tapani to disclose I am not in the team of nit-pickers, just the one of follow the rules and don't make them on fly :). I also find it funny to see my name mentioned several times , and even in scenario :D<br></div><div><br></div><div>My first take of this confusing late workaround is that could have been prevented earlier. It is not a fault of candidates who declined on time. while the nomination happen during a defined period, I think encouraging more candidates doesn't need to wait for that period. We need competitive election and getting more candidates and that is such task happen prior. is it easy? of course not. I heard the comments during the meet the candidates call and I don't think I can agree with the arguments or explanation made there. At the end, those are elections and not appointments by acclamation. Members have the right to assess the candidates and make decision to choose them as representatives or not. also leadership means you have to accept those rules of the game. Yes indeed, we are volunteers and I can understand the reluctance to go through election but I also believe that in other spaces, even in other organizations, volunteers go through similar process.</div><div><br></div><div>We need people committed and ready to run, also understanding what it does mean in term of work and not taking that lightly. As an outgoing councillor, I have strong opinions about the role and responsibilities of councillor toward NCSG and council itself and so I want all candidates to be aware. We have 6 councillors but if everyone doesn't put his weight and work hard, it will be just putting burden in their colleagues. Councillors are representatives in council but also members our policy committee. they have also to work with their colleagues from other SC/C and be prepared and ready to discuss with them, make proposals and counter proposals, participating on drafting etc. </div><div><br></div>While the extension seems the only solution at first sight, the discussion above showed there are others alternatives and following the EC discussion none was explored (it looked like binary choice). That is of concern for me when we focus on only one proposal and I might have other concerns about how the EC managed the matter. Having been in NCSG EC and NCSG chair before, I know this is not pleasant situation but we do need to have a serious discussion. <div><br></div><div>Best,</div><div><br></div><div>Rafik</div><div> <br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">Le lun. 1 juin 2020 Ă Â 06:20, Amr Elsadr <aelsadr@icannpolicy.ninja> a Ă©crit :<br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">Hi Tapani,<br>
<br>
Youâre actually half-way there in terms of what I thought might have been a way forward on this. For clarity, I havenât spoken about any of this to Rafik, and as you said, I am aware that itâs very unlikely that he may want to serve for a third-termâŠ, but that isnât what I had in mind.<br>
<br>
What I was thinking was that he may continue between now, and when a new NCSG EC and Councilors are in place following the AGM in October. Once that is done, he could resign, and allow the new NCSG EC to fill his seat as per the NCSG Charter.<br>
<br>
This would allow the current election cycle to proceed as planned without any unnecessary incident, and would also allow for the the empty seat to be appropriately filled in October, once the new NCSG Chair is in place, and when NPOC and NCUC confirm their own appointments to next yearâs NCSG EC.<br>
<br>
I am also in favor of using clear and unambiguous procedures that are already in place, particularly if their use is somewhat of a novel(ish) precedent. The Temp Spec was one such solution, and this could be too.<br>
<br>
If you ask me for my personal insight, I believe it is unlikely that the Council would reject this course of action. They may even find it as interesting and novel as I (and perhaps you) do, especially if the plan to have Rafik step down in October is explained to them. I suspect the Council may very well vote unanimously on this (may even be placed on the Consent Agenda), but even if that isnât the case, Iâm confident enough to guess that a supermajority vote in favor of this may be reasonably expected.<br>
<br>
This would be an interesting exercise, which may raise awareness of an existing procedure across the entire GNSO, not just the NCSG (I wonder how many from other SGs are aware of this), itâd allow us to move forward without the need to alter the election schedule or bend any rules, and should be a satisfactory outcome to all parties involved. It delays nothing, and creates no serious negative consequences that I can think of.<br>
<br>
YesâŠ, the NCSG had fewer candidates than it needed, but that is a fact. No reason we need to find it embarrassing at all. Weâre all volunteers here. Fortunately, the drafters of the ICANN Bylaws and GNSO Operating Procedures foresaw that issues like this (or even if not exactly like this one), and had the good sense to put in some procedures to allow what I believe is an elegant solution.<br>
<br>
Thanks for entertaining me on this. :-)<br>
<br>
Amr<br>
<br>
> On May 31, 2020, at 10:51 PM, Tapani Tarvainen <<a href="mailto:ncsg@TAPANI.TARVAINEN.INFO" target="_blank" rel="noreferrer">ncsg@TAPANI.TARVAINEN.INFO</a>> wrote:<br>
> <br>
> <br>
> Hi Amr, fellow nit-picker extraordinaire!<br>
> <br>
> On Sun, May 31, 2020 at 06:50:51PM +0000, Amr Elsadr (aelsadr@ICANNPOLICY.NINJA) wrote:<br>
> <br>
> [me]<br>
>>> there's really no alternative if enough candidates aren't<br>
>>> available during the election, but nonetheless it would also be at<br>
>>> least slightly bending the rules.<br>
> <br>
>> Thatâs NOT true. There is an alternative, but you may just not be<br>
>> aware of it.<br>
> <br>
> OK, I concede that of course there are theoretical alternatives, like<br>
> dissolving NCSG on the spot, maybe just all members resigning at once<br>
> and what not. But "really" above was meant to suggest there are no<br>
> practical, realistic alternatives. And I was aware of the one you<br>
> mention but didn't consider it realistic in the present situation.<br>
> <br>
>> I know you like to read up on procedural nuances and details. Why<br>
>> not take a look at what the ICANN Bylaws and GNSO Operating<br>
>> Procedures provide as an alternative under what they refer to as a<br>
>> âSpecial Circumstanceâ? Specifically, [Article 11.3(b), paragraph 2<br>
>> of the ICANN<br>
>> Bylaws](<a href="https://www.icann.org/resources/pages/governance/bylaws-en/#article11" rel="noreferrer noreferrer" target="_blank">https://www.icann.org/resources/pages/governance/bylaws-en/#article11</a>),<br>
>> and section 2.1.2 of the [GNSO Operating<br>
>> Procedures](<a href="https://gnso.icann.org/sites/default/files/file/field-file-attach/op-procedures-24oct19-en.pdf" rel="noreferrer noreferrer" target="_blank">https://gnso.icann.org/sites/default/files/file/field-file-attach/op-procedures-24oct19-en.pdf</a>).<br>
>> These at least provide an alternative course of action, which had it<br>
>> been selected, could have led to a resolution of this situation<br>
>> without creating the constitutional and procedural mess we<br>
>> unnecessarily find ourselves in now.<br>
> <br>
> Those provide that NCSG could petition the council to allow its<br>
> councillor to exceed term limit and serve a third consecutive term.<br>
> <br>
> In the present situation the only term-limited councillor is Rafik.<br>
> <br>
> So yes, one option would have been to ask Rafik to stay on and<br>
> then petition the Council to accept a third term for him.<br>
> <br>
> But it was my understanding that Rafik has no desire to continue, and<br>
> I don't think it would've been trivial to persuade the Council, with<br>
> 75% supermajority in both houses, to go for it. I rather suspect they<br>
> would at least have asked for a bit more of a search for a candidate<br>
> along the lines of 2.1.1(b), even though 2.1.2 doesn't actually have<br>
> require such.<br>
> <br>
> In any event it would've taken much longer time and been somewhat<br>
> embarrassing to have the entire Council sort out our internal mess.<br>
> <br>
> Hardly easier or less messy than the alternatives EC did consider.<br>
> <br>
>> As I said on Fridayâs âmeet the candidatesâ call, our elected<br>
>> representatives need to be fully versed in the bylaws and operating<br>
>> procedures that govern the GNSO.<br>
> <br>
> Fortunately I'm not running for any position, nor intend to ever<br>
> again, so I don't have to. Anyway I rather doubt all councillors<br>
> (of any group) are as well versed in GNSO bylaws as you are. :-)<br>
> <br>
> But I was indeed aware of that Special Circumstances thing, even<br>
> though I'd forgotten details like the supermajority percentages.<br>
> (It came up when I drafted the procedures for handling those<br>
> diversity rules in our elections. Unfortunately I didn't then<br>
> think of the possiblity of not having enough candidates at all.)<br>
> <br>
>> The way I see it, the EC kinda worked outside of the election<br>
>> schedule it itself developed and announced. This resulted in<br>
>> confusion,<br>
> <br>
> Yes. Communication was not as good as it might've been.<br>
> <br>
>> and a misinformed notion that there was no alternative path out of<br>
>> this situation, when there really was.<br>
> <br>
> There are always alternatives. The two EC considered were just the<br>
> easiest, most practical ones, and IMHO the only really practical ones.<br>
> <br>
>>> So while neither option is really pretty, I don't see any serious<br>
>>> legalistic argument against either, and I'm happy to let the EC decide<br>
>>> which is best.<br>
> <br>
>> You may still hold this opinion after looking at the sections of the<br>
>> bylaws and the OPs I pointed to above, but Iâd be very interested in<br>
>> hearing wether you do actually still believe this statement is true,<br>
>> or wether youâve changed your mind.<br>
> <br>
> I certainly haven't changed my mind about the above: both of those<br>
> options are doable without bending any rules too much.<br>
> <br>
> Whether or not other alternatives would've been viable - still no, for<br>
> reasons explained above, but there I might be more open to persuasion.<br>
> Feel free to try. :-)<br>
> <br>
> (I can actually think of several additional alternatives myself, some<br>
> even sort of within the realm of possibility, but none I would<br>
> consider advocating.)<br>
> <br>
> --<br>
> Tapani Tarvainen<br>
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