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

[Esther Dyson <edyson@xxxxxxxxxxxxx>]

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.

Esther

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
> this.
>
> 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
> >REPRESENTATION ON THE ADCOM AND BY THAT, ON THE NAMES COUNCIL: I know by 
> the
> >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
> >happen.
> >
> >
> >
> >> 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!
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