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

Amin Hacha aminhacha at gmail.com
Wed Sep 24 03:35:15 CEST 2025


Hi Pedro, EC members, and Chair,
Thank you for sharing the detailed explanation and background on this
matter. I fully understand the situation, and I agree that as members of
the EC, we must respect and follow the Bylaws. While decisions in such
situations are not always easy, the rules exist to guide us and ensure
fairness and accountability.
*Taking note that the Executive Committee had previously provided the
member in question an opportunity to improve the situation, but
unfortunately, no progress was made. *
I therefore support the interpretation provided and give my vote in line
with the decision made.
regards,
Amin

On Wed, Sep 24, 2025 at 12:32 AM Namra Naseer <fr.namra at gmail.com> wrote:

> 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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