[NCUC-EC] About EC absences and application of NCUC Bylaws VII, D
Namra Naseer
fr.namra at gmail.com
Wed Sep 24 00:32:00 CEST 2025
You have my vote/ confirmation, Pedro.
On Tue, Sep 23, 2025 at 18:24 Pedro de Perdigão Lana <
pedrodeperdigaolana at gmail.com> wrote:
> 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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