[NCUC-EC] NCUC PC

[Tapani Tarvainen]

Hi Farzaneh,

Actually "shall" is not same as "may", it can also mean "must", or
something a bit different than either, depending on context and
jurisdiction. (I am aware of US Supreme Court 2013 decision Arizona v.
The Inter Tribal Council of Arizona, Inc. It does not answer the
question definitively in general.)

Perhaps "may" is the more reasonable interpretation in this case,
but it's not entirely obvious and in general it pays to be careful
about ambiguities with "shall".

E.g., Black's Law Dictionary:

'What is SHALL?

As used in statutes and similar instruments, this word is generally
imperative or mandatory; but it may be construed as merely permissive
or directory, (as equivalent to “may,”) to carry out the legislative
intention and In cases where no right or benefit to any one depends on
its being taken in the imperative sense, and where no public or
private right is impaired by its interpretation in the other sense.'

https://thelawdictionary.org/shall/

Tapani

On Jul 03 23:21, farzaneh badii (farzaneh.badii at gmail.com) wrote:
> 
> Hi
> 
> In response to Renata, I first want to tell you why the idea having a
> policy committee is in the bylaws in the first place. My opinion from my
> experience is that constituency's PC react when 1. consensus not possible
> at the SG level 2. They want to re-emphasize the points of NCSG PC 3. They
> want to add to their public comments or modify it.
> 
> The Bylaws say NCUC "shall" have a policy committee. Shall does not mean
> must, it means "may". So I interpret that if there is a need for a policy
> committee at the NCUC level then NCUC will convene a policy committee.
> Seems like you have established the need.
> 
> Now we go to Renata's questions:
> 
> 
> >
> > - The members of GNSO Council have seats on this safeguarded by the
> > bylaws. Is it their obligation or do they need to confirm they want to
> > be a part of this?
> 
> GNSO councilors who are NCUC members are automatically assigned a seat on
> NCUC PC. They are not obligated to but it's their right to be assigned a
> seat. So no need for confirmation or acceptance. They already have SOIs for
> GNSO council.
> 
> 
> >
> > - EC has to elect Chair and Vice-chair of the PC NCUC, I assume they
> > can be out of the safeguarded seats too right?
> 
> [Paragraph B explicitly says: The Chair and the Vice Chair of the Policy
> Committee shall be appointed by the EC and the Chair shall also serve on
> the NCSG Policy Committee. ]
> This means that the chair of the policy committee should be serving on NCSG
> PC. So only Farrel or Claudio can be chair. This design is on purpose. The
> chair of NCUC policy committee has to know what is going in NCSG Policy
> Committee and see if there are actions required to be taken at NCUC level.
> 
> 
> 
> 
> 
> >
> > - Chairs of PC NCSG and NCSG are not referred in the bylaws as part of
> > PC NCUC however I`d take it they have to be included and consulted on
> > approval of the call as GNSO Council members are under their purview?
> >
> > Well, let me know if I missed anything
> 
> These two positions are not mentioned because there might come a time that
> these two positions are not filled by NCUC members. Then you don't want to
> have non-NCUC members on your PC. But the Bylaws also say that
> 
> G) "Other individuals shall be invited to participate in the deliberations
> of the NCUC Policy Committee, including: 1. Members (or their Official
> Representatives) who are serving on GNSO Working Groups, ICANN Advisory
> Committees, presidential committees, and other policy bodies (standing or
> ad hoc) within ICANN; and
> 
> So in effect, you shall (which means may, not must) invite them if you want.
> 
> Farzaneh