Nomination period extended to Sunday (today) 23.59 PST

[S EA]

Why bend the rule slightly and not in full?

Sonigitu Ekpe
Environmental Governance Consultant

+234 803 399 2350

On Sun, 31 May 2020, 19:52 Amr Elsadr, <aelsadr at icannpolicy.ninja> wrote:

> 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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