RE: [council] Proxies

["Andrew McLaughlin" <mclaughlin@pobox.com>]

Kathy:

As you may recall, we covered this ground in detail when the NCC revised its
Bylaws earlier this year.  I then gave you my unambiguous opinion that
(under the current bylaws) the seating of temporary proxies from outside the
Names Council is not permitted.

A few citations from Article VI-A, Section 2:

"(a) The NC shall consist of representatives, selected in accordance with
Section 3(c) of this Article, from each Constituency recognized by the Board
pursuant to the criteria set forth in Section 3 of this Article."

"(f) Unless shortened by the Board in its recognition of a Constituency, the
term of office for each member of the NC shall be two years."

And from Section 3:

"(c) Each Constituency shall select up to three individuals to represent
that Constituency on the NC, no two of whom may be citizens of the same
Geographic Region, as defined in Article V, Section 6,  . . ."

Thus, each constituency is allowed to choose 3 members of the NC -- and not
more than 3.  NC members must be chosen according to the rules of the
constituency.  The NCC has elected you, not Dori, to be one of its three NC
members (nothing personal against Dori -- but she wasn't elected).  Under
the current rules, the only way for Dori to serve on the NC would be for you
to resign and the NC to choose her through its internal procedures.

To the extent the NC accepts proxy voting in Yokohama, you can give your
proxy to another NC member.

--Andrew

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andrew mclaughlin           |    chief policy officer & cfo
internet corporation for assigned names and numbers
<mclaughlin@icann.org>  |     <http://www.icann.org>
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[ -----Original Message-----
[ From: owner-council@dnso.org [mailto:owner-council@dnso.org]On Behalf Of
[ KathrynKL@aol.com
[ Sent: Tuesday, July 11, 2000 12:23 PM
[ To: kstubbs@dninet.net; cchicoine@dkwlaw.com; philip.sheppard@aim.be
[ Cc: council@dnso.org; owner-council@dnso.org
[ Subject: Re: [council] Proxies
[ 
[ 
[ I would feel better about going back to my Constituency with some formal 
[ citation to a bylaw or rule preventing formal proxies to 
[ well-informed peers. 
[  I don't see any citation in Louis' note.  Ken:  do you know of any?
[ 
[ Isn't it more appropriate for the constituencies themselves to decide on 
[ their representation in the NC meeting?  And isn't it important 
[ to have the 
[ full Constituency voice in the NC meeting? '
[ 
[ Kathy
[ << 
[  "For the reasons that the NC previously rejected such attempts, I do
[  not feel it is appropriate for proxies to be granted to non-members
[  of the NC.  As Ken has noted, it is the constituencies, through their
[  processes, that elect members to the NC (for fixed terms), and there
[  is nothing permitting the member herself or himself to elect someone
[  else.  In addition, the NC is intended to be a collaborative group,
[  which is promoted by having a relatively stable membership."
[  
[  on that basis i must assume that proxies can only be given to 
[ other members
[  of the names council and
[  no member can appoint a non names-council member to "take their 
[ place on the
[  council "  or "cast their vote"
[   >>
[