[NCUC-EC] NCUC Bylaw ambiguity on NCUC Chair Term limit

[Pedro de Perdigão Lana]

Hi everyone,

Thanks Benjamin for seeing and proposing this change.

I'm with Ines and Ken here, but recognizing that Amin has a good point - I
think we should not restrict to current EC members, and following the same
pattern as the Stakeholder Group leads us to some temporal alignment, which
is especially important if other institutions within ICANN also follow the
same pattern.

I also agree we don't rush the process - although just implementing a term
limit would probably go through and could be proposed to this election, I
believe we should announce the change(s) we want to make (the healthy
divergence we are having here shows us that the specifics of this limit
also needs to be discussed with the NCUC as whole), and check with the
community if there are any others that could use the opportunity to also be
implemented. This would take at least a few months, so next year's election
seems a better option.

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 @ CC Brasil <https://br.creativecommons.net/>, ISOC BR
<https://isoc.org.br/> and IODA <https://ioda.org.br/>
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Em qui., 16 de mai. de 2024 às 14:01, Ken Herman <ken at kherman.com> escreveu:

> Hi all. I have to agree with Ines here; we should not restrict the
> opportunity to run for Chair to current EC members only.
>
>
>
> I also do not agree to having only a 1-year term. There may be merit in a
> 3-year limit, but I believe that 2 years is appropriate.
>
>
>
> I accept Ines’ suggestion that we try not to rush this through. Keep in
> mind that once we open discussions for the bylaw amendment, the door will
> likely open for suggestions to other components of the bylaws.
>
>
>
> Ken
>
>
>
> *From:* Hfaiedh Ines <hfaiedh.ines2 at gmail.com>
> *Sent:* Thursday, May 16, 2024 10:50 AM
> *To:* Amin Hacha <aminhacha at gmail.com>
> *Cc:* Ken Herman <ken at kherman.com>; Exec. Comm <ncuc-ec at lists.ncuc.org>
> *Subject:* Re: [NCUC-EC] NCUC Bylaw ambiguity on NCUC Chair Term limit
>
>
>
> Hi Amin
>
>
>
> Thank you for your email. I do not agree with excluding non-EC members
> from running for Chair.
>
>
>
> Elections should be open to all NCUC members and I think it s healthy.
>
>
>
> On Thu, May 16, 2024, 15:29 Amin Hacha <aminhacha at gmail.com> wrote:
>
> Dear Ken,
> I meant in my proposal that the chair should serve a single one-year term
> and should not have the option to run for re-election for a consecutive
> second year.
> From my perspective and experience, this approach encourages fresh
> perspectives and enables various members to contribute their leadership
> skills. Additionally, it ensures regular turnover in leadership positions.
> Second, I proposed that the chair should be a member who has served on the
> EC in the current year of the election. (or maybe can be from the last two
> years, for example). This will ensure that the chair is familiar with the
> ongoing discussions, decisions, and challenges faced by the EC.
> Additionally, it promotes continuity by selecting someone who is already
> actively engaged in the EC’s work. This idea will be particularly
> beneficial in the NCUC, where EC members represent the constitutional areas.
>
>  In my view, a Chair who understands the context and history of
> discussions can lead more effectively.
>
>
>
> I hope I have effectively communicated my idea!
>
> Regards,
>
> Amin
>
>
>
> On Thu, May 16, 2024 at 3:09 PM Ken Herman <ken at kherman.com> wrote:
>
> Thanks Amin.
>
>
>
> I am confused about the term “continuous terms”. Can you clarify? The
> objective is to introduce term limits, such as the EC members have and the
> NCSG has for its chair.
>
>
>
> Also, I do not think it’s useful to limit the candidates for the chair to
> the currently serving EC members, but I do believe that all candidates for
> both the Chair and the EC should demonstrate knowledge of the roles and
> current developments within the NCUC.
>
>
>
> Ken
>
>
>
> *From:* Amin Hacha <aminhacha at gmail.com>
> *Sent:* Thursday, May 16, 2024 8:25 AM
> *To:* Ken Herman <ken at kherman.com>
> *Cc:* Benjamin Akinmoyeje <benakin at gmail.com>; Exec. Comm <
> ncuc-ec at lists.ncuc.org>
> *Subject:* Re: [NCUC-EC] NCUC Bylaw ambiguity on NCUC Chair Term limit
>
>
>
> I support your proposal, Ken, to include this item on the ballot for this
> election.
>
>
>
> I suggest that the Chair be elected for a single one-year term without the
> option of serving continuous terms. The Chair should be a member who has
> served on the EC in the current year of the election.
> I believe that the new Chair must be well-informed and well-versed in all
> the discussions that have taken place in the EC. This will empower the EC
> to move forward effectively.
>
>
>
> Regards,
>
> Amin
>
>
>
> On Thu, May 16, 2024 at 1:19 PM Ken Herman <ken at kherman.com> wrote:
>
> Bejamin, this is indeed an issue that should be addressed. If this can get
> on the ballot for this election, then it can be addressed without waiting
> another year.
>
>
>
> My proposal is to align the NCUC Chair term with the NCSG.
>
>
>
> Thus, the bylaws would change as follows:
>
>
>
> Section IV.
>
> Paragraph D.
>
>
>
> From: The Chair is elected by the NCUC membership and is responsible for
> the overall administration of the Constituency.
>
>
>
> To: The Chair is elected by the NCUC membership for a one-year term and
> is limited to two consecutive terms. The Chair and is responsible for the
> overall administration of the Constituency.
>
>
>
> Ken
>
>
>
> *From:* NCUC-EC <ncuc-ec-bounces at lists.ncuc.org> *On Behalf Of *Benjamin
> Akinmoyeje
> *Sent:* Thursday, May 16, 2024 6:51 AM
> *To:* Exec. Comm <ncuc-ec at lists.ncuc.org>
> *Subject:* [NCUC-EC] NCUC Bylaw ambiguity on NCUC Chair Term limit
>
>
>
> Dear Leaders,
>
> Good day. I hope you are doing well.
>
>
>
> There is an issue I would like to bring to your attention and the need to
> address the gap.
>
>
>
> Currently, there is no explicit declaration of the NCUC Chair limit, and
> the issue has been opened to different interpretations.
>
>
>
> To avoid future crises, I would like to ask that we amend the NCUC charter
> to clearly state the term limit of the NCUC chair.
>
>
>
> Below is the process required to achieve an amendment
>
>
>
>
>
> IX. Changes to these Bylaws
> A. Amendments may be proposed by the Executive Committee, by majority
> vote, or by a
> petition of five (5) percent of the then-current active members. Any
> proposed amendment must
> be placed on a ballot for voting by the membership during the next regular
> election.
> B. Bylaws amendments shall be passed if at least two-thirds of the votes
> cast in the election
> favor its adoption provided a quorum of 40% or more of the eligible
> Individual and Organizational
> Members cast a ballot in the election.
>
>
>
>
>
> Please let me know what are your thoughts.
>
>
>
>
>
> Kind regards,
>
> Benjamin
>
>
>
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