[NCUC-EC] Appointment of NCSG-EC Rep from NCUC

[Pedro de Perdigão Lana]

Hi everyone,

Just to be clear, there is no opposition on my side to adjust to whatever
the NCUC EC finds more appropriate.

As far as I understood, Benjamin had also initially appointed me to be in
this position as an interim, responding to an urgent request from the NCSG
to fill the role. Afterward, in a call, Julf mentioned that there was no
such thing as an interim EC member, and either I was appointed to
substitute David or it would be vacant and the slot would be consequently
relinquished by NCUC - something that was confirmed in Ken's email.

However, the last thing I want is to occupy any position with any
discomfort related to the legitimacy of it. I propose, then, that we (a)
consider my role here, even if informally and for internal reasons, an
interim position, (b) have a formal confirmation of the EC of a vacancy
replacement (as per Section IV, G, 8  of the Bylaws), and (c) proceed to
follow the process listed in Section II of the NCUC Procedures. Since I
will apply for the position, I already declare myself prevented from taking
part in the process.

Even if there is no "interim" position, as mentioned by Julf, I will
declare the position vacant if anyone else is chosen, so I can be
immediately replaced. If I eventually did not declare my vacancy, that
would be more than enough basis for starting the process of removal
described in Section X from the Operating Procedures.

I would also like to confirm with the NCUC EC if it is okay for me to fill
my duties as an NCSG EC until the process ends (which is, at least for now,
just new members' approval). Anyway, I will halt any activity and
interaction there until there is at least a confirmation of the majority of
the EC related to item 'b' above.

Cordially,

*Pedro de Perdigão Lana*
Lawyer <https://www.nic.br/>, GEDAI/UFPR <https://www.gedai.com.br/>
Researcher
PhD Candidate (UFPR), LLM in Business Law (UCoimbra)
Board Member @ NCUC (ICANN) <https://www.ncuc.org/>, ISOC BR
<https://isoc.org.br/>, CC Brasil <https://br.creativecommons.net/> and IODA
<https://ioda.org.br/>
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Em qua., 10 de jul. de 2024 às 10:58, Ken Herman <ken at kherman.com> escreveu:

> Benjamin, I had a look at the NCSG bylaws, the NCUC bylaws and the NCUC
> operating procedures. The NCSG bylaws describe the role of the NCSG-EC, but
> not the way they are selected.
>
>
>
> However, to me, both the NCUC bylaws and the operating procedures are
> clear that the appointment of these posts (and others) is the
> responsibility of the EC, and they describe the process for their
> selection, which includes circulating a notice of the vacancy and
> consideration of applicants by the members of the EC.
>
>
>
> In Monday’s EC meeting you stated that the Chair appoints these
> representatives.
>
>
>
> It seems that you might have been mistaken, but I am hoping you can help
> us understand which it is. Does the Chair appoint or is there a process
> decided by the NCUC-EC? If it’s the Chair, as you indicated, then what is
> the basis for that? If, however, the process is as described in the NCUC
> documents, then we will want to follow them for any appointment.
>
>
>
> I realize that there is a sense of urgency, and that, based on your report
> to the EC (and from the records of the NCSG-EC mailing list), the NCSG
> chair insisted on an appointment before agreeing to relinquish the travel
> slot. Perhaps there is a way to temporary make the appointment that will
> satisfy the NCSG chair, but we would need to discuss.
>
>
>
> Regardless, I feel that if the bylaws and operating procedures prescribe a
> process, we probably should follow them.
>
>
>
> Thanks for your attention to this.
>
>
>
> Ken
> _______________________________________________
> NCUC-EC mailing list
> NCUC-EC at lists.ncuc.org
> https://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-ec
>
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