[NCUC-EC] About EC absences and application of NCUC Bylaws VII, D

Pedro de Perdigão Lana pedrodeperdigaolana at gmail.com
Wed Sep 24 00:18:19 CEST 2025


 Hi EC,

As raised in our last meeting, but without enough time to discuss it, we
need a common understanding about the application of a part of the NCUC
Bylaws regarding absence from not only NCUC EC activities, but also our
meetings, especially to set a precedent in future situations when this may
happen early in the term. I asked for the attendance record of our current
term (excluding absences that started already in the previous mandate), and
this is what I got:

   1. December 2024 - Amin Hacha, Mili Semlani, Namra Naseer, Pedro de
   Perdigão Lana, Sara Mohamed, Wisdom Donkor
   2. January 2025 - Amin Hacha, Namra Naseer, Pedro de Perdigão Lana, Sara
   Mohamed, Wisdom Donkor
   3. February 2025- Amin Hacha, Namra Naseer, Pedro de Perdigão Lana, Sara
   Mohamed, Wisdom Donkor
   4. April 2025 - Amin Hacha, Namra Naseer, Pedro de Perdigão Lana, Sara
   Mohamed, Wisdom Donkor (Mili sent apology)
   5. May 2025 - Amin Hacha, Milton Mueller, Pedro de Perdigão Lana, Sara
   Mohamed, Wisdom Donkor (Namra sent apology)
   6. July 2025 - Amin Hacha, Pedro de Perdigão Lana, Namra Naseer, Wisdom
   Donkor (Sara sent apology)
   7. August 2025 - Amin Hacha, Pedro de Perdigão Lana, Namra Naseer,
   Wisdom Donkor, Sara Mohomed
   8. September 2025 - Amin Hacha, Pedro de Perdigão Lana, Namra Naseer,
   Wisdom Donkor (Sara sent apology)

*This means one of the EC members was present at just one of the EC's
meetings during the whole term, *and sent an apology for another. The issue
is that we have the following rule in our bylaws:

VII. Leaving Office: (...) D. Regional representatives who fail to attend
more than three (3) meetings in a row are considered to have resigned their
office. If they send apologies for their absence, after three (3) times,
they will be treated as per section IV.E.6 below.

This absence was already noted in previous meetings, which prompted a
formal communication requiring an explanation of what was happening. Our EC
representative from Asia mentioned she had personal issues with
signs starting in April. Most importantly, in the answer on July 25th,
there was a declaration that the person would be able to resume her duties
during the rest of the tenure, promising to fulfill all and any obligations
necessary until the end of it. This answer was not contested, even though
the absences started earlier. However, she was absent once again in
September and August (she tried to join half an hour late, and I remember
one occasion in a meeting of a previous term, when an EC member was late to
a call, that she invoked an EC agreement that a large delay in joining
could not count as a presence).

We do have very flexible rules on the obligations of EC members, but this
is one that immediately results in an immediate resignation from the EC
representative. In other words, the "leaving office" does not even come
from an EC vote or decision: the Bylaws determine that this leads to the
person resigning their office (such as the one on Section VII, E of the
Bylaws), and this resignation leads to cancellation of the obligations and
rights that come with the position, such as the representation in ICANN
meetings.

I would like to confirm this interpretation with the rest of the EC,
followed by a confirmation from the chair.

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)
Coordination/Board/EC @ ISOC Brazil <https://www.isoc.org.br/>, NCUC
<https://www.ncuc.org/> & NCSG
<https://community.icann.org/display/gnsononcomstake/Home>(ICANN) and CC
Brazil <https://br.creativecommons.net/>.
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