Nomination period extended to Sunday (today) 23.59 PST

[Amr Elsadr]

Hi Tapani,

Some comments in-line below:

> On May 31, 2020, at 5:13 PM, Tapani Tarvainen <ncsg at TAPANI.TARVAINEN.INFO> wrote:
>
> Hi Tatiana,
>
> Actually, if we want to pick nits, the charter does not have a process
> for this specific case.
>
> It only specifies that the EC should appoint in case a councillor
> "is unable to finish his or her term" - the case where there's
> no councillor to even begin the term is not mentioned.

That’s true.

> Now I won't argue that the EC should not do so anyway, there's really
> no alternative if enough candidates aren't available during the
> election, but nonetheless it would also be at least slightly bending
> the rules.

That’s NOT true. There is an alternative, but you may just not be aware of it. I know you like to read up on procedural nuances and details. Why not take a look at what the ICANN Bylaws and GNSO Operating Procedures provide as an alternative under what they refer to as a “Special Circumstance”? Specifically, [Article 11.3(b), paragraph 2 of the ICANN Bylaws](https://www.icann.org/resources/pages/governance/bylaws-en/#article11), and section 2.1.2 of the [GNSO Operating Procedures](https://gnso.icann.org/sites/default/files/file/field-file-attach/op-procedures-24oct19-en.pdf). These at least provide an alternative course of action, which had it been selected, could have led to a resolution of this situation without creating the constitutional and procedural mess we unnecessarily find ourselves in now.

As I said on Friday’s “meet the candidates” call, our elected representatives need to be fully versed in the bylaws and operating procedures that govern the GNSO.

> On the other hand the charter does explicitly make the EC responsible
> of the election schedule, so while I do dislike changing things like
> that in the middle of the process, it is not against the charter text.

The way I see it, the EC kinda worked outside of the election schedule it itself developed and announced. This resulted in confusion, and a misinformed notion that there was no alternative path out of this situation, when there really was.

> So while neither option is really pretty, I don't see any serious
> legalistic argument against either, and I'm happy to let the EC decide
> which is best.

You may still hold this opinion after looking at the sections of the bylaws and the OPs I pointed to above, but I’d be very interested in hearing wether you do actually still believe this statement is true, or wether you’ve changed your mind. I generally enjoy procedural discussions/debates, as I know you do too.

Thanks.

Amr

> As for NCUC, there you and Bruna are absolutely correct, decision there
> belongs to NCUC, not NCSG EC.
>
> Tapani
>
> On Sun, May 31, 2020 at 04:55:19PM +0200, Tatiana Tropina (tatiana.tropina at GMAIL.COM) wrote:
>
>> I am also not convinced about the process of this extension. The council
>> seat can be filled by an appointment made by NCSG EC and the NCSG Charter
>> has a process for this. The new candidates won’t take part in meet the
>> candidates call. Why is there a need to bend the rules to fill in the
>> places if there is a process in place to fill them via EC?
>> Bruna also rightly pointed out that NCUC is a constituency that could have
>> been at least consulted.
>> Warm regards,
>> Tatiana
>>
>> On Sun 31. May 2020 at 16:43, James Gannon <lists at icann.guru> wrote:
>>
>>> Yeah I’m not sure why we are deviating from the Charter here?
>>>
>>> Sent from my iPhone
>>>
>>> On 31 May 2020, at 15:34, Bruna Martins dos Santos <bruna.mrtns at gmail.com>
>>> wrote:
>>>
>>> 
>>>
>>> I am sorry, everyone. I understand that NCUC does not have any candidates
>>> for EC NA at the moment, but I really wish you had respected the
>>> constituency independence in setting its own electoral deadlines instead of
>>> announcing it on the list without the NCUC EC acknowledgement.
>>>
>>> I will speak with NCUC EC and get back to you on this.
>>>
>>> On Sun, May 31, 2020 at 11:21 AM Tapani Tarvainen <
>>> ncsg at tapani.tarvainen.info> wrote:
>>>
>>>> Yes. There are four councillor positions and only three candidates at
>>>> the moment, and NCUC North American representative has no candidate.
>>>>
>>>> See
>>>>
>>>> https://community.icann.org/display/gnsononcomstake/Elections-2020
>>>>
>>>> and
>>>>
>>>> https://community.icann.org/display/gnsononcomuserconst/Elections+2020
>>>>
>>>> Tapani
>>>>
>>>> On Sun, May 31, 2020 at 05:11:27PM +0300, Raoul Plommer (
>>>> plommer at GMAIL.COM) wrote:
>>>>
>>>>> Sorry, as far as I know, the NCUC North American seat and one councillor
>>>>> seat are still without a candidate. Perhaps someone can correct me if
>>>>
>>>> I'm
>>>>
>>>>> wrong?
>>>>>
>>>>> -Raoul
>>>>>
>>>>> On Sun, 31 May 2020 at 17:07, Raymond Mamattah <
>>>>
>>>> mamattah.raymond at gmail.com>
>>>>
>>>>> wrote:
>>>>>
>>>>>> Hello Raoul,
>>>>>>
>>>>>> What has necessitated this extension? Are there some positions that
>>>>
>>>> do not
>>>>
>>>>>> have applications? If yes, kindly share that with us.
>>>>>>
>>>>>> Regards
>>>>>> Raymond Mamattah
>>>>>> Accra-Ghana
>>>>>>
>>>>>> On Sun, May 31, 2020, 1:51 PM Raoul Plommer <plommer at gmail.com>
>>>>
>>>> wrote:
>>>>
>>>>>>> Dear all,
>>>>>>>
>>>>>>> The NCSG EC has decided to extend the nomination period for the NCSG
>>>>
>>>> and
>>>>
>>>>>>> NCUC elections a little, practically with 17 hours 10 minutes,
>>>>
>>>> starting
>>>>
>>>>>>> right now.
>>>>>>>
>>>>>>> -Raoul
>>>>
>>>> --
>>>> Tapani Tarvainen
>>>
>>> --
>>> *Bruna Martins dos Santos *
>>>
>>> Skype ID: bruna.martinsantos
>>> @boomartins
>
> --
> Tapani Tarvainen
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