NCSG Election Clarifications

[Liz Orembo]

Hi Amir,

I'm sorry it looks like im responding to your email. My email is in
response to the whole thread and esp on Robin's clarification.

On Tue, Jun 2, 2020 at 2:13 PM Amr Elsadr <aelsadr at icannpolicy.ninja> wrote:

> Thanks, Grace. I appreciate the clarification.
>
> Thanks again.
>
> Amr
>
> On Jun 2, 2020, at 1:07 PM, Grace Githaiga <ggithaiga at hotmail.com> wrote:
>
> Not at all Amr. And I was not refering to you. I actually appreciate your
> interpretation.  I just happened to respond on your response.
>
> I have read the different emails from different people and for me, this is
> a good debate because we are now forced to scrutinize the bylaws. I hope
> this sets the record straight Amr.
>
> Rgds
> Grace
>
>
> ----------------------------------------------------------------------------------
> *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:* Amr Elsadr <aelsadr at icannpolicy.ninja>
> *Sent:* 02 June 2020 2:03 PM
> *To:* Grace Githaiga <ggithaiga at hotmail.com>
> *Cc:* NCSG-DISCUSS at LISTSERV.SYR.EDU <NCSG-DISCUSS at LISTSERV.SYR.EDU>
> *Subject:* Re: NCSG Election Clarifications
>
> 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
>
>
>

-- 

Best regards.
Liz.

PGP ID: 0x1F3488BF
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