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

Sara Ali saraaliahm639 at gmail.com
Wed Sep 24 10:21:09 CEST 2025


*Dear Pedro all,*

  Thank you for the clarification and for sharing this. I  agree with the
points raised, and you have my support and confirmation on this matter.


BR,,,

Sara Mohamed

On Wed, 24 Sept 2025 at 03:36, Amin Hacha <aminhacha at gmail.com> wrote:

> 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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