NCSG Election Clarifications

[Grace Githaiga]

@Liz, your last para is spot on! We must endeavour to walk this accountability walk however challenging it might be!


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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.

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From: NCSG-Discuss <NCSG-DISCUSS at LISTSERV.SYR.EDU> on behalf of Liz Orembo <lizorembo at GMAIL.COM>
Sent: 02 June 2020 2:01 PM
To: NCSG-DISCUSS at LISTSERV.SYR.EDU <NCSG-DISCUSS at LISTSERV.SYR.EDU>
Subject: Re: NCSG Election Clarifications

To bring this up at the close of the nomination process is a clear manipulation of the election. If someone really wanted gender diversity they would have encouraged people to come out and run for elections from the period of nomination.

I am for gender and regional diversity, but what I see here is a play where people depend on election technicalities and loopholes to get their favourite candidates. And then we are here wondering why people are not volunteering to run?

We cant be that group of civil societies calling for accountability within ICANN if we can't even manage straight elections. Lets give this process the seriousness it deserves.


On Tue, Jun 2, 2020 at 1:27 PM Amr Elsadr <aelsadr at icannpolicy.ninja> wrote:
Hi,

On Jun 2, 2020, at 6:29 AM, Tapani Tarvainen <ncsg at TAPANI.TARVAINEN.INFO<mailto: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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Best regards.
Liz.

PGP ID: 0x1F3488BF
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