[wg-review] RE: [ga] Reform in the GA?

["Joanna Lane" <jo-uk@rcn.com>]

>>>> "Joanna Lane" <jo-uk@rcn.com> 02/09/01 04:41PM >>>
>Mr Connolly,
>I congratulate you on a fine piece of work. I have queries as follows:-

Thank you :-)

>1) May I ask you please why you feel (i)B is necessary?

I don't feel it's _necessary_. However, I believe that it's useful as a
stimulus for discussion (i.e., I put it in to get a rise out of some people)
and because I think this clause will make the proposal more acceptable to
the Board. After all, a difficult GA chair could make life difficult for
ICANN,

- equally, one could argue that the Board could make life difficult for the
GA Chair and anyway, since when was an easy life the objective.

 and while I personally believe that many of the Board members are in need
of an attitude adjustment, I do not think we can let that preference get in
the way of taking back some control over what the GA does and how it does
it. Also, ultimately, I believe that Amadeu will want some assurance that if
the GA were to elect me as its chair (I'm thinking back to the good old
days, when I was one of the inner circle of the PAB; Amadeu is probably
frightened of what I would do if I became the GA chair) he can have me
purged.

- well I don't know anything about that, but whoever is elected to the GA
will have the full support of the membership and should not be constrained
by fear of reprisal for their actions from any other party. This is not a
popularity contest.

>2) What is "good cause" ?

It's a nice phrase which, in this context, means whatever a majority of the
ICANN Board thinks it is. Trying to restrain the powers of the board of
directors is both difficult and a fool's errand. The language serves to
restrain the individual board members' actions, but in practice, the real
restraint is that the board could end up explaining themselves to a House
subcommittee or a Commerce Dept. watchdog.

>2) Should we not add co-chair/ alternate chair ?

Good idea, I'd been thinking about that but decided to post the draft to get
the discussion rolling.

>Thanks,
>Joanna Lane
>
>
>I do not believe that we need to adopt two resolutions. One will suffice;
>and while the resolution will need to be addressed to the ICANN board, we
>should also seek the endorsement of the NC and send that endorsement to the
>Board with the resolution.
>
>I will also apologize for having taken a lawyer's chisel to the resolution,
>but I think we need to present the Board with something in a form which
they
>can, if they agree, adopt without too much editorial work.
>
>Here is my proposal:
>
>Whereas, the General Assembly exists as an open forum for participation in
>the work of the DNSO by any and all interested participants; and
>Whereas, the utility of the General Assembly has been impaired by apathy on
>the part of its participants and expressions from within and without that
>the General Assembly serves no useful purpose other than to lend a veneer
of
>legitimacy to the decisions and actions of the DNSO and the corporation;
and
>Whereas, a recurrent complaint with respect to the General Assembly is its
>inability to select its own chair, which has contributed to the General
>Assembly having been devalued by its membership and disregarded by the
>Internet Community,
>
>Now, therefore, Be it resolved by the General Assembly of the Domain Name
>Supporting Organization:
>
>The Board of the corporation is respectfully requested to adopt the
>following resolution or its substantial equivalent:
>
>Resolved, That Sub-Section 2(i) of the Bylaws of the corporation be amended
>by striking out the whole thereof, and providing in lieu thereof:
>
>(i)(A) The General Assembly, in such manner as it may select by resolution
>and approved by the Names Council, provided that such manner provides a
full
>and equal opportunity for online participation by members whose unique
>identities have been verified, shall select its chair annually, and at such
>other times as the chair shall become vacant.
>
>(i)(B) The Board may, with concurrence of a majority of all of its members,
>whether voting or not, remove the Chair of the General Assembly for good
>cause shown.
>===end of resolution===
>
>We should at the same time adopt and transmit a statement of our reasons
for
>this change, in rather more detail than is set out in the preamble
>(whereases). While the request and supporting statement should be presented
>to the Board, we should seek the endorsement of the NC for this proposal.

Kevin J. Connolly
Attorney and Counselor at Law
Robinson Silverman Pearce Aronsohn & Berman, LLP
1290 Sixth Aveue of the Americas
New York, NY 10104
212-541-1066/fax 212-541-1346
This note is not legal advice. If it were legal advice, it would come with
an invoice.

Live, like there's no tomorrow.....
     Love, like you've never been hurt.....
          And dance, like no one's watching.


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