[NCSG-EL-REF] Voting in multiple roles

Tapani Tarvainen ncsg at tapani.tarvainen.info
Wed Jun 28 13:57:17 EEST 2017

Another issue from the list agenda:

If someone is both an individual member and representative of an
organization, should they be able to vote in both capacities?

There is nothing explicit about that in our charter, and in the past
it's been allowed.

GNSO Operating Procedures 6.2.6(d) states that

"No legal or natural person should be a voting member of more than one

where "Group" is defined as Stakeholder Group or Constituency.

I discussed this with some staff members (Amr, Marika Konings
and Mary Wong) and they tend to think (always qualifying that
they really should check with ICANN legal to be sure) that
that poses no problem for the scenario: _representative_
of an organization is not a member, formally it's the
organization that's voting, so there's no conflict.

But probably we could still make such a rule ourselves,
if we so desire, even without changing the charter.

As an aside, taken literally that 6.2.6(d) would actually contradict
NCSG's structure (nobody could be member of both NCSG and any of it's
constituencies), but it's rather obvious the rule doesn't apply in
that situation. After all NCSG charter has been approved with its
constituency rules.

Likewise, it would seem to preclude membership in multiple
constituencies, but again NCSG charter explicitly allows that (for up
to three constituencies). And it says "should" rather than "must"
so I don't see a real issue here either.

Tapani Tarvainen

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