[NCUC-EC] [Imp] for observers well as EC members/ Bylaws related

[farzaneh badii]

All,

We discussed a paragraph in our new bylaws today ( we are in the process of
revising ICANN staff comments), which we want to discuss with former chairs
and former EC members here. I want to discuss two issues here and seek your
guidance:

*Issue 1: *

Our current Bylaws read as
*IV(D)(4)*
No two EC members may be the employees of the same organization or be
representatives to the NCUC of different national chapters or of the same
organization.

This is the ICANN staff comment: This term “chapter” occurs several times
> within the charter; however, it should be explained so that its meaning and
> interpretation are clear. Do all NCUC organizations have “chapters”?


We discussed the historical rationale of using the word "national chapters"
as Milton also explained a number of times before. We thought perhaps we
keep national chapters but also add sub-entities for those organizations
that do not have national chapters. Mike suggested a wording that would
exclude those structures that were accountable to the same organization's
hierarchy. (I hope I got that right Michael, can't clearly remember and
didn't get to copy what you wrote, will have it soon).

We didn't want to make this clause too broad and didn't want to make it too
narrow. Any ideas? please share your wisdom!

*Issue 2:*
*IV(G)(5)*
Appoint NCUC representatives to the ICANN Nominating Committee by majority
vote, with at least four members voting.

ICANN Staff Comment: There are 8 EC members according to Section IV-B. Does
> 4 constitute a minimum quorum for ALL EC votes or only for these special
> appointments? If it is a general constraint, then it should be stipulated
> earlier in this section and, then, it does not need to be repeated in 5, 6,
> and 7.



Our discussion was: there are not however 8 EC members, there are 6 EC
members. Considering that we have 6 EC members, should we have a quorum of
4? That aside, If we go with the quorum of 4, I think it should be only
applicable to  especial appointments as laid out in 4,5,6, 7.

 Other than this, having a quorum of  4 for voting in every decision making
makes decisions more difficult. It also contradicts with this clause
 "IV(C)(9): Whenever EC votes are required by the charter but inaction by
other members of the EC prevents tasks and duties required by the charter
to be executed, the Chair is empowered to act to further the interests of
the constituency. In the event of a tie vote on the EC, the Chair shall act
as a tiebreaker."

So I suggest either to reduce the quorum to 3 and only applicable to the
specific paragraphs mentioned above. ( or we could leave 4 as is)

Thanks






Farzaneh
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