Re: [alac] next Nom Com

[Wendy Seltzer <wendy@xxxxxxxxxxx>]

At 10:31 PM 10/2/2006 +0200, Vittorio Bertola wrote:
> Wendy Seltzer ha scritto:
> > I don't know of any incompatibility between service on ALAC and Nom
> > Comm.  That was why I suggested all regions might want to send one of
> > the ALAC reps.
>
> Uhm... ok, you're the lawyer, you can tell: take the ICANN Bylaws, 
> article VII, section 8:
>
> "No person who serves on the Nominating Committee in any capacity 
> shall be eligible for selection by any means to any position on the 
> Board or any other ICANN body having one or more membership 
> positions that the Nominating Committee is responsible for filling, 
> until the conclusion of an ICANN annual meeting that coincides with, 
> or is after, the conclusion of that person's service on the 
> Nominating Committee."
>
> Now, does that "selection" in the second line only apply to the act 
> of selecting, i.e. a new appointment, or does that also include 
> previous appointments? In other words, does this only say that you 
> can't be appointed to the ALAC if you were appointed to the Nomcom 
> before, or does this also include the opposite sequence?

You cannot be selected during your NomComm service and until after an 
annual meeting.  You can have been selected to a body and later serve 
on NomComm.  Members of the GNSO Council serve on NomComm.

> In any case, even if formally possible, we should also consider 
> whether that situation would be appropriate.

I think it would be entirely appropriate.  ALAC has no other power, 
it should take full advantage of what it does have by sending members 
to NomComm so at least they can see into the black box.

--Wendy

--
Wendy Seltzer -- wendy@xxxxxxxxxxx
Visiting Assistant Professor of Law, Brooklyn Law School
Fellow, Berkman Center for Internet & Society
http://cyber.law.harvard.edu/seltzer.html
Chilling Effects: http://www.chillingeffects.org