FYI -- A copy of my comments to the ICANN proposed bylaw changes. -- Bret = - - - - - - - - - - F O R W A R D - - - - - - - - - - = Suggestions and comments follow each of the quoted revisions... >RESOLVED, that Section 2(a) of Article VI-B of the Bylaws of the >Corporation is hereby replaced in its entirety with the following: > >"The NC shall consist of representatives, selected in accordance with >Section 3(c) of this Article, from each Constituency recognized by the >Board pursuant to the criteria set forth in Section 3 of this Article. Any >dispute about whether any such representative is a proper member of the NC >shall be resolved by, or at the direction of, the Board." Suggestion: Change the phrase "is a proper member of the NC" to "was elected in accord with Section 3 of this Article." Reason: I think the suggested change better captures what was intended, as any NC representative duly elected in accord with the procedures and specifications of Article 3 should be considered a "proper member." As currently worded, the phrase "proper member" is undefined and, accordingly, potentially provides too much enforcement discretion to the Board. >FURTHER RESOLVED, that Section 3(c) of Article VI-B of the Bylaws of the >Corporation is hereby replaced in its entirety with the following: > >"Each Constituency shall select up to three individuals to represent that >Constituency on the NC, no two of which may be, except with the consent of >the Board, residents of the same Geographic Region, as defined in Article >V, Section 6. Notwithstanding the foregoing, no Constituency may have more >representatives on the NC than there are members of the Constituency. >Nominations within each Constituency may be made by any member of the >Constituency, but no such member may make more than one nomination in any >single Constituency." Suggestion: Delete the phrase ",except with the consent of the Board," on the Geographic representation requirement. Reason: There are no bounds around the Board's ability to accept or reject a lack of geographic diversity in a constituency. The geographic diversity element should either be enforced or scrapped, but leaving it open to potentially arbitrary enforcement is unacceptable. It's a big world though. If a constituency cannot find diverse representatives, then they should live with fewer NC representatives until such time as their constituency is more broadly populated. I would like to see ICANN enforce the current bylaws. In the alternative, I would suggest amending the language to provide a guide on how the Board would exercise its discretion. Better language would be: ", except upon good cause shown by the members of the constituency that meeting the geographic diversity requirement is impracticable at the present time. In the event that a constituency petitions the Board for an exception to the geographic diversity requirement, it shall, at the same time, present the Board with a detailed plan and timetable for increasing global outreach to diversify its constituency prior to the next scheduled Names Council election." >FURTHER RESOLVED, that Section 2(f) of Article VI-B of the Bylaws of the >Corporation is hereby replaced in its entirety with the following: > >"Unless shorterned by the Board in its recognition of a Constituency, the >term of office for each member of the NC shall be two years, subject to >earlier removal by the Constituency that selected such member or by a >three-fourths majority vote of all members of the Board." Suggestion: Delete the phrase "or by a three-fourths majority of all members of the Board." Reason: If constituencies are to self-form and self-organize, they alone should have the authority to elect and retain their representatives. A Board veto, even at the proposed "super-majority" level, defeats this purpose. The mere ability to threaten to reject a NC member alters the balance of power and dilutes a constituency's influence. -- Bret Fausett