Re: [ga] NC violations of ICANN charters

[Kent Crispin <kent@songbird.com>]

On Mon, Aug 09, 1999 at 01:37:56PM -0700, Mark C. Langston wrote:
> >
> >There is no such process mentioned in the bylaws -- the GA does not
> >elect representatives to anything.  
> >
> >The NC selects the BoD of ICANN members.  The GA nominates candidates
> >for the BoD of ICANN, but, since membership in the GA is
> >unrestricted, that just means that anyone can nominate candidates for
> >the BoD. 
> 
> Our reading of this section conflicts, then.  Here's the actual line
> from the ICANN bylaws:
> 
> ARTICLE VI-B:  THE DOMAIN NAME SUPPORTING ORGANIZATION 
>    Section 4:  THE GENERAL ASSEMBLY 
> 
>    (d) The GA shall nominate, pursuant to procedures adopted by the NC
>        and approved by the Board, persons to serve on the Board in those
>        seats reserved for the DNSO.

>   
> To me, this says that:
> 
> 1)  The NC must adopt procedures via which the GA may nominate persons to
>     serve on the Board,
> 2)  The Board must approve those procedures, and
> 3)  The GA is nominating persons to serve, they are not nominating 
>     candidates which must then be further filtered by another decision
>     process.

You missed section 2e:
 
  (e) The NC shall forward to the Board, from among those persons
  nominated by the GA, its selection(s) for the Director(s) to fill
  any open Board position(s) reserved for the DNSO.  Any such
  selection(s) must have the affirmative votes of at least one-half
  (1/2) of all the members of the NC. 

It is the NC that selects the actual Directors, from the candidates
nominated by the GA.  It is true that the NC must specify a 
procedure whereby the GA can submit nominations.  For example, the 
NC could send a message to the ga list saying "please submit your 
nominations.  No more than one nomination per member.

Note that the NC is not even required to vote on every nominee...

-- 
Kent Crispin                               "Do good, and you'll be
kent@songbird.com                           lonesome." -- Mark Twain