NCSG Election Clarifications

[Liz Orembo]

Its not about how much work has been put doing ICANN work. Its about clear
and transparent processes.

I have seen the nominees put in a lot of time doing ICANN work. And I'm
more than grateful for that. But if they are to be elected to office let it
be through a clean and fair process.

On Tue, Jun 2, 2020 at 2:21 PM Amr Elsadr <aelsadr at icannpolicy.ninja> wrote:

> My apologies then, Liz. I seem to have misunderstood both Grace and
> yourself. Thank you for the clarification. I very much appreciate it.
>
> Thanks again.
>
> Amr
>
> On Jun 2, 2020, at 1:18 PM, Liz Orembo <lizorembo at GMAIL.COM> wrote:
>
> 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
>
>
>

-- 

Best regards.
Liz.

PGP ID: 0x1F3488BF
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