RE: [alac] next Nom Com

["Roberto Gaetano" <roberto@xxxxxxxxx>]

When I first read this thread, my instinctive answer was: "Of course
Vittorio is right, it will work both ways, incompatibility is
incompatibility, and is a symmetrical relationship".
However, on second thoughts, I think that Wendy is right. The rationale is,
I think, that what the Bylaws try to prevent is that participation to NomCom
provides unduly advantage to candidates to positions that are populated by
NomCom. However, the reverse is not considered dangerous.
We might have different opinions on what should be the case, but the
language seems pretty clear to me. But, IANAL, so I might be wrong. Which
would mean that I have been wrong twice on a single subject!

;>)

Roberto Gaetano
ALAC
ICANN Board Liaison
 

> -----Original Message-----
> From: owner-alac@xxxxxxxxx [mailto:owner-alac@xxxxxxxxx] On 
> Behalf Of Wendy Seltzer
> Sent: 03 October 2006 07:45
> To: 'ALAC'
> Subject: Re: [alac] next Nom Com
> 
> 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