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

Pedro de Perdigão Lana pedrodeperdigaolana at gmail.com
Wed Sep 24 00:24:23 CEST 2025


Errata:

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 *(such as the one on Section VII, E of the
Bylaws)*: the Bylaws determine that this leads to the person resigning
their office, and this resignation leads to cancellation of the obligations
and rights that come with the position, such as the representation in ICANN
meetings.

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/>.
This message is restricted to the sender and recipient(s). If received by
mistake, please reply informing it.


Em ter., 23 de set. de 2025 às 19:18, Pedro de Perdigão Lana <
pedrodeperdigaolana at gmail.com> escreveu:

> 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/>.
> This message is restricted to the sender and recipient(s). If received by
> mistake, please reply informing it.
>
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