[EC-NCSG] Letter to Appellents
Robin Gross
robin
Tue Aug 30 17:57:20 EEST 2016
Dear Colleagues:
I believe we are close. There was concern among appellants that yesterday?s proposal to change the word ?resolved? to ?withdrawn? at the end of the letter could be interpreted to mean that there was no valid appeal and that there would be no proper documentation of the appeal on the website as required by the charter. Therefore, if we go back to using the word ?resolved? instead of ?withdrawn?, as we agreed to last Friday, and agree to document the appeal properly as required by the charter, I think we can find universal agreement on the following text. I?ve made only a two minor edits to Tapani?s proposed text (in red below). Thank you.
Best,
Robin
________________
PROPOSED FINAL TEXT:
Dear Appellants:
This email is in response to the appeal filed by the group of 21
members of the Non-Commercial Stakeholders Group (NCSG) on 23 August
2016 regarding the decision of the NCSG Executive Committee (EC) to
continue with the ongoing annual election using the existing ballots.
In fact the EC did not make such a decision: it was an unilateral act
of the Chair, which the EC did not approve and decided to override in
its emergency meeting on August 24. The Chair, by signing this letter,
accepts his responsibility and the EC's chastisement of his hasty
action.
In its meeting the EC discussed the the appeal and considered possible
options in response. In that meeting, the EC decided to propose a
compromise solution to the appellants in lieu of suspending the
ongoing election as requested.
Specifically, the EC decided to continue with the ongoing annual
election as originally planned, using the existing ballots already
sent to members, but with the understanding that voting simultaneously
for "None of the Above" and one or two candidates for council is
valid, and that every candidate on the ballot faces possible rejection,
which means that those candidates who receive less votes than "None of
the Above" (NOTA) on the ballot shall be deemed not elected to the
GNSO Council in this year?s the election.
We understand that this compromise is not perfect, however we believe
it is a solution which will allow us to go forward with the existing
election as planned and still satisfy concerns about representation
and confusion on the ballot.
In the unlikely event that the GNSO seats are left unfilled after the
election, the EC will follow the procedures described in the charter to
fill that seat.
We regret the confusion caused and will endeavour to fix any remaining
concerns before the ballot is sent in next year's annual election.
Please indicate at your earliest convenience if this compromise
proposal is acceptable to you and that your appeal is accordingly withdrawn
resolved. Thank you.
Signed,
Executive Committee of the Non-Commercial Stakeholders Group
______________________
> On Aug 29, 2016, at 4:04 AM, Poncelet Ileleji <pileleji at ymca.gm> wrote:
>
> As Monika, has endorsed, if its okay with Joan and Robin then good to go, its better we clear this.
>
> Thanks
>
> On 29 August 2016 at 06:29, Zalnieriute, Monika <Monika.Zalnieriute at eui.eu <mailto:Monika.Zalnieriute at eui.eu>> wrote:
> Dear Tapani and all,
>
>
> Tapani, thank You very much for drafting this. I think its very nice of You to accept responsibility, and also clearly state this in the letter to the appellants.
>
>
> I think this should get us going, and get this matter solved:)
>
>
> Others agreeing, I am happy to send this letter,
>
>
> Best wishes,
>
>
> Monika
>
>
>
>
> ----
>
> Dr. Monika Zalnieriute
>
>
> Melbourne Law School | The University of Melbourne I law.unimelb.edu.au <http://law.unimelb.edu.au/> I
> Center for Media, Data and Society I Central European University I cmds.ceu.edu <http://cmds.ceu.edu/> I
> Executive Committee I Non-Commercial Stakeholder Group I ICANN I icann.org <http://icann.org/> I
>
> Z E P H I R O : Progressive Platform for Human Rights I zephiroplatform.org <http://zephiroplatform.org/> I
>
> Centre for Internet & Human Rights I European University Viadrina I cihr.eu <http://cihr.eu/> I
>
>
>
>
>
>
>
>
>
>
> From: EC-NCSG <ec-ncsg-bounces at ipjustice.org <mailto:ec-ncsg-bounces at ipjustice.org>> on behalf of Tapani Tarvainen <ncsg at tapani.tarvainen.info <mailto:ncsg at tapani.tarvainen.info>>
> Sent: Monday, August 29, 2016 6:07 AM
> To: ec-ncsg at ipjustice.org <mailto:ec-ncsg at ipjustice.org>
> Subject: Re: [EC-NCSG] Letter to Appellents
>
> Dear all,
>
> Now I've read the discussion and the various drafts of the letter.
> A few points:
>
> First, it is important to be precise, in particular the point about
> what happens in case of tie with NOTA, but I'm happy with any wording
> that's unambiguous.
>
> Second, I think it would be useful to explicitly state that voting for
> NotA along with one or two candidates is allowed, rather than leaving
> it implied.
>
> Third, I don't want to leave the impression that the Chair would not
> face a possible rejection, so in
>
> "with the understanding that every candidate on the ballot faces
> possible rejection, which means that with respect to the election for
> GNSO Council [...]"
>
> I would drop the words "with respect to the election
> for GNSO Council".
>
> Fourth, I'm fine with calling this a compromise solution.
>
> Fifth, I have one major problem with the letter: it does not clearly
> point the blame to where it belongs, namely me. I want to add text
> explicitly blaming me for acting on my own without EC's consensus.
>
> So, here's my suggestion for the letter:
>
>
> "This email is in response to the appeal filed by the group of 21
> members of the Non-Commercial Stakeholders Group (NCSG) on 23 August
> 2016 regarding the decision of the NCSG Executive Committee (EC) to
> continue with the ongoing annual election using the existing ballots.
>
> In fact the EC did not make such a decision: it was an unilateral act
> of the Chair, which the EC did not approve and decided to override in
> its emergency meeting on August 24. The Chair, by signing this letter,
> accepts his responsibility and the EC's chastisement of his hasty
> action.
>
> In its meeting the EC discussed the the appeal and considered possible
> options in response. In that meeting, the EC decided to propose a
> compromise solution to the appellants in lieu of suspending the
> ongoing election as requested.
>
> Specifically, the EC decided to continue with the ongoing annual
> election as originally planned, using the existing ballots already
> sent to members, but with the understanding that voting simultaneously
> for "None of the Above" and one or two candidates for council is
> valid, and that every candidate on the ballot faces possible rejection,
> which means that those candidates who receive less votes than "None of
> the Above" (NOTA) on the ballot shall be deemed not elected to the
> GNSO Council in this year?s election.
>
> We understand that this compromise is not perfect, however we believe
> it is a solution which will allow us to go forward with the existing
> election as planned and still satisfy concerns about representation
> and confusion on the ballot.
>
> In the unlikely event that the GNSO seats are left unfilled after the
> election, the EC will follow the procedures described in the charter to
> fill that seat.
>
> We regret the confusion caused and will endeavour to fix any remaining
> concerns before the ballot is sent in next year's annual election.
>
> Please indicate at your earliest convenience if this compromise
> proposal is acceptable to you and that your appeal is accordingly
> withdrawn. Thank you.
>
> Signed,
> Executive Committee of the Non-Commercial Stakeholders Group"
>
> --
> Tapani Tarvainen
>
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> --
> Poncelet O. Ileleji MBCS
> Coordinator
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