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Re: [alac] (fwd) Re: Re: NomCom & GNSO Council at the same time?

  • To: Vittorio Bertola <vb@xxxxxxxxxxxxxx>
  • Subject: Re: [alac] (fwd) Re: Re: NomCom & GNSO Council at the same time?
  • From: Esther Dyson <edyson@xxxxxxxxxxxxx>
  • Date: Sat, 08 Mar 2003 06:50:11 -0500

standing by for other views, but I think he is doing the right thing. The question is now for *us* to do the right thing, and replace him promptly.


At 06:25 AM 3/8/2003, Vittorio Bertola wrote:
If I understand it well, this means that Gabriel Piñeiro is resigning
from our LA NomCom seat. While we should of course wait for a formal
statement, we should think at how to replace him immediately (unless
we want to convince him not to resign).
Particularly, I would like to hear the views of Erick and Sebastian on

On Fri, 7 Mar 2003 21:34:51 -0300, Gabriel Piñeiro
<gpineiro@xxxxxxxxxxxxxx> wrote:

>Dear Friends:
>El Mié 05 Mar 2003 13:20, Louis Touton escribió:
>> Gabriel's selection to the GNSO Council is permissible under the bylaws
>> currently in effect. It would not be permissible under the draft bylaws
>> provision posted on 3 March. (It would have been permissible under the
>> 23 February draft
>> <http://www.icann.org/committees/evol-reform/proposed-bylaws-corrections-23>>feb03.htm>,
>As far that (legally speaking) I'm able to perform all my duties, I feel that
>that's not possible, but not becouse the "written bylaws", just becouse those
>"unwriten rules". You'll see, perhaps this had happen to me becouse I am too
>helpfull; you'll see, when Erick leave the NCC, there were nobody available
>that fills in the NCC that Chair. That happen on Feb'03. Also, aproximately
>by the same time, the NomCom call was launched. I participate in the new At
>Large process since it's very beggining, and when the Board call for ALAC
>Boards and then the At Large NomCom's, seems perfectly to me to apply for
>that. I also want to remark that I clarify since the very beggining of the
>NomCom process, I clarify this situation to Denise Michel (so I'm not playing
>under bad faith, not at all!). In fact, she ask me if there was, in my
>opinion, a "conflict of intrests", very directly and specific, so no "tricky"
>answers were made, not in the ALAC and certainly not from me. Of course, I
>said to her that I dont believe that a "conflic of intrests" exists (and I
>still think so!) However, Amadeu bring to me his very reasonable doubts about
>my legitimity of my position, and just becouse the "shadow of the doubt"
>appears on the horizon, I would like to presentate my resignation to the
>NomCom position effectivly inmediatly.
>But first, I want to be VERY CLEAR AND SPECIFIC on this decition, and why did
>I take it: I don't wan't ANY SHADOW AT ALL when I take over any
>responsability, no matter which one; therefore, I think it's better for all
>of us and of course for the ICANN that I decline to some of the questionated
>positions, and htat would be the NomCom. Why? Becouse otherwise, the NCC
>AdCom and the Names Council chair would be empty, leaving LAC WITHOUT ANY
>press release that if 66 application forms were filled. Also Vittorio told me
>that the selection was "very difficult". Therefore, filling the gaps, that
>implies that someone else from LAC were arround when the selection was made.
>And that's not happening on the NCC. So I take the decition that I thinks
>it's most useful for my ICANN Zone, and certainly not myself (we all know
>which duties perform the NomCom). As I explain, when Erick leave the NCC to
>join the ALAC, he left his "parking spot" and by the same time (more or
>less), the NomCom were selecting the NomCom's. It's not his fault, not the
>ALAC members, not Denise, and not certainly mine. What really happen is that
>we are very few from LAC in the ICANN, and think that if with the old
>structure we barely cover all the positions, imagine the same now. And if I
>get involved in a thing like the ALAC, is becouse more people could be
>involved in ICANN, and with that, all this kind of odd situations wouldn't
>> but the Board felt that was not sufficiently restrictive.)
>Indeed, u r totally correct! So, I would like to suggest (if possible, within
>the particular limits we face) that the Bylaws, if possible, might have some
>taxative indications on which "hats" are possible (or not) to "wear"
>simultaneously; in order to avoid this kind of situations in the future.
>At 10:53 a.m. 06/03/2003 -0300, Thomas Roessler wrote:
>> Is this possible according to the bylaws currently in effect?
>Nop, but we dont apply that ones, even this principle. That would be like
>applying them retroactivly to the time of the election, and that's legally
>impossible in continental and common law enviroments. However, I choose to
>resign my NomCom charge, but becouse of the given explanations.
>> Grabiel is already a member of the nominating committee on behalf of
>> the ALAC...
>That's true; but I repeat: at the time I answer the necesary questions, I
>clearly state this. Even more, Denise ask me about this clearly, so I
>wouldn't, at any time, hide this, so "bad faith" can't be possible in this
>case, because at the time I was elected, the current Bylaws doesn't exist.
>> Also, I'm wondering whether this constellation might
>> pose problems with the new proposed revised bylaw language on this
>> topic (like the need for a transition rule in there).
>I want to be pretty clear with this: as far as I think I have a good english,
>perhaps it "doesnt work" for others (my fault, of course): the new proposed
>revised bylaw language cannot be applied in my case; but I only resign
>becouse I think that if I maintain both chairs I would contribute somehow to
>the discredit of the ICANN, I hope u all understand my position. Best wishes,
>Gabriel Piñero.

vb.                  [Vittorio Bertola - vb [at] bertola.eu.org]<---
-------------------> http://bertola.eu.org/ <-----------------------

Esther Dyson Always make new mistakes! chairman, EDventure Holdings writer, Release 3.0 (on Website below) edyson@xxxxxxxxxxxxx 1 (212) 924-8800 -- fax 1 (212) 924-0240 104 Fifth Avenue (between 15th and 16th Streets; 20th floor) New York, NY 10011 USA http://www.edventure.com

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