NCSG Election Clarifications

[Amr Elsadr]

Hi Grace,

Apologies if that is the impression I gave. I assure you, that was not my intent. I’m not trying to justify anything, really. Only trying to explain my understanding of the Bylaws as I have read them. When I do attempt to interpret them, and share that interpretation with the NCSG membership, I do my best to provide references, so that our members may read the relevant sections for themselves.

I’m not, of course, infallible. I may make a mistake, misread something, misinterpret its intent or even overlook another relevant part of the Bylaws, so pointing to references also helps others fill in gaps I may have unintentionally left.

I hope this helps.

Thanks.

Amr

> On Jun 2, 2020, at 12:58 PM, Grace Githaiga <ggithaiga at hotmail.com> wrote:
>
> Interesting debate! These clarifications are good as they help in scrutinizing and understanding of the bylaws. We are seeing different interpretations mostly trying to justify positions that the different people are taking.  It would be important not to bend them just to suit what we want.
>
> ----------------------------------------------------------------------------------
> Grace Githaiga
>
> Twitter: @ggithaiga
>
> Skype: gracegithaiga
> Linkedin: https://www.linkedin.com/in/gracegithaiga
>
> ...the most important office in a democracy is the citizen. So, you see, that’s what our democracy demands. It needs you!----Barrack Obama.
>
> ---------------------------------------------------------------
>
> From: NCSG-Discuss <NCSG-DISCUSS at LISTSERV.SYR.EDU> on behalf of Amr Elsadr <aelsadr at ICANNPOLICY.NINJA>
> Sent: 02 June 2020 1:26 PM
> To: NCSG-DISCUSS at LISTSERV.SYR.EDU <NCSG-DISCUSS at LISTSERV.SYR.EDU>
> Subject: Re: NCSG Election Clarifications
>
> Hi,
>
>> On Jun 2, 2020, at 6:29 AM, Tapani Tarvainen <ncsg at TAPANI.TARVAINEN.INFO> wrote:
>
> [SNIP]
>
>> Second, the one-year term does not count in term limit in this case,
>> as per ICANN Bylaws 11.3(b). That is, whoever gets it may be elected
>> twice after that for a total of five years, whereas those who get two
>> years now can only do only one additional term for a total of four
>> years (absent special circumstances we discussed with Amr earlier,
>> which could allow an extra term in either case).
>
> I don’t believe this is correct. Only those selected/appointed to fill a vacancy fit the scenario you’re describing here, Tapani. So, for example, Juan was appointed to fill a vacancy on Council. The time he served does not count toward his two consecutive terms limit, and he may run for a full Council term now (or a one-year term depending on the number of votes he gets), and if elected, may run for a second full term in two years time.
>
> Whoever gets elected to fill the leftover 1-year period has this 1-year term count towards the two consecutive term limit, so will have a maximum possibility of three consecutive years on Council, instead of four (not five instead of four).
>
> The relevant language in the Bylaws says:
>
> "Except in a "special circumstance," such as, but not limited to, meeting geographic or other diversity requirements defined in the Stakeholder Group charters, where no alternative representative is available to serve, no Council member may be selected to serve more than two consecutive terms, in such a special circumstance a Council member may serve one additional term. 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. A "special circumstance" is defined in the GNSO Operating Procedures." [emphasis added]
>
> An elected Councilor is not filling a vacant seat. The seat is his or hers once elected. Vacant seats are filled by selection/appointment, not by election. A “vacancy” on the GNSO Council is defined in Article 11.3(c) of the ICANN Bylaws.
>
> Thanks.
>
> Amr
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