[EC-NCSG] Letter to Appellents

[Joan Kerr]

Hello Everyone,

As I understand it we are agreeing to the text below.  I have highlighted
the suggestions in yellow.  If we are all in agreement I will send it to
the list on behalf of the EC.  I realize in Monika's case it could take
time.  She had agreed earlier with the exception of the highlighted
suggestions.

See below;

Thanks
Joan


"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 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 as
several seats may theoretically be left unfilled.(Tapani?s suggestion)

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 resolved. (Robin?s
suggestion)

Thank you.

Signed,

Executive Committee of the Non-Commercial Stakeholders Group







On Tue, Aug 30, 2016 at 1:43 PM, Robin Gross <robin at ipjustice.org> wrote:

> Thanks, Tapani and all, this looks good to me.
>
> Best,
> Robin
>
> > On Aug 30, 2016, at 9:06 AM, Tapani Tarvainen <
> ncsg at tapani.tarvainen.info> wrote:
> >
> > Dear Robin,
> >
> > I have no objections to your changes. The "withdrawn" was just
> > leftover from your original version I used when I started writing
> > mine, and your other edit is an obvious consistency fix.
> >
> > I would like to suggest another such fix. As it's theoretically
> > possible that several seats go unfilled, we should use plural
> > in the paragraph dealing with that possibility, like this:
> >
> > "In the unlikely event that any seats are left unfilled after the
> > election, the EC will follow the procedures described in the charter
> > to fill such seats."
> >
> > I also dropped "GNSO" as an unfilled Chair seat would also obviously
> > be filled as per the charter.
> >
> > (This doesn't really matter and I don't think it's important, but at
> > this point fixing it doesn't take take any extra time so why not.)
> >
> > So here's my (hopefully really final) proposal:
> >
> > "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 in 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 any seats are left unfilled after the
> > election, the EC will follow the procedures described in the charter
> > to fill such seats.
> >
> > 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
> > resolved. Thank you.
> >
> > Signed,
> > Executive Committee of the Non-Commercial Stakeholders Group"
> >
> > --
> > Tapani Tarvainen
> >
> > _______________________________________________
> > EC-NCSG mailing list
> > EC-NCSG at ipjustice.org
> > http://mailman.ipjustice.org/listinfo/ec-ncsg
> >
>
>
> _______________________________________________
> EC-NCSG mailing list
> EC-NCSG at ipjustice.org
> http://mailman.ipjustice.org/listinfo/ec-ncsg
>
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