[NCUC-DISCUSS] Interim Asian representative on the NCUC EC

[Tapani Tarvainen]

On Jul 13 14:45, William Drake (william.drake at uzh.ch) wrote:

> As you may recall, when Norbert Klein notified us on 18 June that he
> was stepping down as the Asia representative, we then had an
> extended discussion about how to go about appointing an interim
> replacement until the next election. While some of us thought the
> current Bylaws provision

> VII.  Leaving Office
> 

> E. When EC members or Council Representatives are deemed to resign
> due to nonparticipation as per sections C and D above [...]

> provided a sufficiently clear basis for the Chair to make an
> appointment, of course in consultation with the EC and membership,
> that view was not universally shared.

> To be entirely honest, I am not quite sure how to proceed here.
> I suppose if one believes that any procedure we follow must be
> specifically defined in the bylaws, and that the bylaws don't
> address this case, we may be stuck.
> If instead one believes that the EC can interpret the legislative
> intent of the bylaws and extrapolate to define a procedure, then
> maybe we can act.

Given that we don't have any decision-making body above
the EC, I should think any decision not explicitly
defined in the bylaws would have to fall to the EC.

This particular case could also arguably fall under V:

"The Executive Committee shall have the following duties: [...]

2. Establish, revise and change procedural rules to help in the
management and operation of the Constituency."

> In which case we can then grapple with how to deal fairly with a
> contested selection, short of calling a special election

As per above, I would suggest the EC could in this situation
either authorize the chair to appoint new representative or
select one outright in the meeting.

> We have an Executive Committee meeting scheduled for 3pm tomorrow.
> While the agenda is fairly full, let's take a little time to discuss
> this then and see if we can identify the possible foundations of
> convergence in one direction or the other. I will separately resend
> the remote participation details.

I hope both Peter and Patrick are able to participate remotely.

As a reminder to all, the meeting agenda can be found here:

https://community.icann.org/display/gnsononcomstake/NCUC+Executive+Committee+Meeting+at+ICANN+47%2C+Durban%2C+Sunday+14+July+2013%2C+15%3A00-16%3A00

-- 
Tapani Tarvainen
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