Rule(s)
This rule describes the process by which an At-Large Board member is selected to fill the Board seat referred to as Seat 15 within the ICANN Bylaws.
- 27.1 Timing
- For any regular term as defined in ICANN Bylaw Article VI, Section 8(1.g) the timing of the process described in Rule 27 must meet the ICANN Bylaw Article VI, Section 8(4) requirement to provide written notice of the person selected to the Secretary of ICANN no later than five months after the conclusion of the annual meeting preceding the beginning of the new term.
- 27.2 Board Selection Process Committee
- The ALAC shall name a Board Selection Process Committee (BSPC) which will oversee the entire selection process including the election culminating the process but excluding those responsibilities specifically given to the ALAC or the Board Candidate Evaluation Committee. At the ALAC’s choice, the ALAC shall either name a chair of the BSPC or may instruct the BSPC to select a chair from amongst its members.
- 27.3 Board Candidate Evaluation Committee
- The ALAC shall name a Board Candidate Evaluation Committee (BCEC) to compile an initial slate of candidates for election to Seat 15. A new BCEC consisting of two delegates selected by each of the RALOs plus a chair selected by the ALAC will be convened for each Board seat selection process. No member of the electorate (see 27.7) may simultaneously serve as a member of the BCEC. The BCEC shall solicit Statements of Interest (SoI) and only those submitting such SoIs may be considered by the BCEC. The task of the BCEC is to identify applicants who would each make an excellent Board Director, who have the highest integrity and capability, who are knowledgeable about both ICANN’s and At Large's mission and environment, and who are best able to articulate and advance the views and needs of the global community of Internet endusers to the ICANN Board. The BCEC Operating Principles in use for the 2010 selection can be found at https://st.icann.org/absdt/index.cgi?draft_bcec_operating_principles.
- 27.4 Committee Overlap
- No person who is or was a member of the current BCEC may submit a SoI to that BCEC. A member of the BSPC who submits a SoI must resign from the BSPC prior to such a SoI being submitted.
- 27.5 Procedures
- The BSPC and the BCEC shall adopt such operating procedures as they deem necessary. Such operating procedures shall be published and are subject to ALAC oversight and review.
- 27.6 Final Candidate List
- Following the publication of the BCEC slate of candidates, RALOs have an opportunity to add candidates to that list. Candidates shall only be added if they had previously submitted a SoI to the BCEC during the current selection process, and if they receive the support through formal action of at least three of the five RALOs.
- 27.7 Electorate
- The electorate for the final election shall be the fifteen ALAC members plus the five RALO chairs.
- 27.8 Voting Process
- a) All votes shall be by secret ballot. Votes may be cast electronically, in person, telephonically or some combination thereof. For votes cast in person or telephonically, the services of a trusted third party will ensure the secrecy of the ballot. Proxies are allowed only in accordance with explicit ALAC Rules of Procedure governing their use, or with explicit BSPC rules governing their use.
- b) If there is only one candidate on the Final Candidate List, that candidate shall be acclaimed the winner.
- c) If there are more than three candidates on the Final Candidate List, the first vote shall be using an accepted voting method which allows the three most preferred candidates to be selected.
- d) When there are three candidates remaining, there shall be vote of the electorate. Should one candidate receive greater than 50% of votes cast, that candidate shall be declared the winner. If not, the candidate with the least votes shall be removed. If there is a tie for last position, a random selection by a method determined in advance by the BSPC shall be used to identify the candidate to be removed.
- e) When there are two candidates remaining, there shall be vote of the electorate. Should one candidate receive greater than 50% of votes cast, that candidate shall be declared the winner. If there is a tie, a random selection by a method determined in advance by the BSPC shall be used to identify the winner.
- f) In any cases where a random selection is called for in sub-sections d) and e), if sufficient time remains, the BSPC, will run the tied election over again in case voter positions have changed. In any given step of the process, this can be done just once.
- 27.9 History
- To ensure that the process history is not lost despite the volunteer and staff turnover and the infrequency of At-Large Board Member selections, the ALAC shall preserve ALAC and ABSdt documents giving the history of the creation of this Rule; and the BSPC and BCEC operating procedures and other non-confidential documents.
- 27.10 Transition Rules
- a) For the initial selection process, the At-Large Board Selection Design Team (ABSdt) shall serve as the BSPC.
- b) This subsection 27.10b is applicable only if the ICANN Bylaws stipulate that there will be a separate term for Seat 15 beginning at the conclusion of the 2010 ICANN annual meeting and ending six months later at the start of the first regular term.The process used to fill Seat 15 for the first term prior to the first regular term beginning six months after the ICANN 2010 annual meeting, shall be deemed to also fill Seat 15 for its first regular term.
- c) With the exception of Rule 27.8 on Voting Processes, all other aspects of this Rule shall apply retroactively for the first selection of a person to occupy Seat 15. Any process which has generally followed these procedures is deemed to have been valid.
16 Comments
Matt Ashtiani
Submitted on behalf of Maureen Hilyard
ALAC Rules of Procedure Working Group - RULE 26 - VIRTUAL MEETINGS Workspace
Rule(s)
• 26.1 When a Virtual Meeting of the ALAC is held, the following Rules shall replace the original:
The Chair shall communicate the beginning and the ending of the debate upon a given topic.
Members shall be out of order if they continue to communicate to the meeting on a question after the Chair has communicated the ending of debate and out of order communications shall not form a part of the record of the Meeting.
• 26.2 Electronic Voting: The Chair shall declare the length of time during which votes shall be cast, and the date and time of the closing of the vote. The Secretariat shall ensure that the results of the vote, including the votes cast and by which voter (unless agreed to be a confidential vote), are available to all representatives.
ALAC Rules of Procedure Working Group - RULE 27 - SELECTION OF AT-LARGE BOARD MEMBER Workspace
Rule(s)
This rule describes the process by which an At-Large Board member is selected to fill the Board seat referred to as Seat 15 within the ICANN Bylaws.
• 27.1 Timing
For any regular term as defined in ICANN Bylaw Article VI, Section 8(1.g) the timing of the process described in Rule 27 must meet the ICANN Bylaw Article VI, Section 8(4) requirement to provide written notice of the person selected to the Secretary of ICANN no later than five months after the conclusion of the annual meeting preceding the beginning of the new term.
• 27.2 Board Selection Process Committee
The ALAC shall name a Board Selection Process Committee (BSPC) which will oversee the entire selection process including the election culminating the process but excluding those responsibilities specifically given to the ALAC or the Board Candidate Evaluation Committee. At the ALAC’s choice, the ALAC shall either name a chair of the BSPC or may instruct the BSPC to select a chair from amongst its members.
• 27.3 Board Candidate Evaluation Committee
The ALAC shall name a Board Candidate Evaluation Committee (BCEC) to compile an initial slate of candidates for election to Seat 15. A new BCEC consisting of two delegates selected by each of the RALOs plus a chair selected by the ALAC will be convened for each Board seat selection process. No member of the electorate (see 27.7) may simultaneously serve as a member of the BCEC. The BCEC shall solicit Statements of Interest (SoI) and only those submitting such SoIs may be considered by the BCEC. The task of the BCEC is to identify applicants who would each make an excellent Board Director, who have the highest integrity and capability, who are knowledgeable about both ICANN’s and At Large's mission and environment, and who are best able to articulate and advance the views and needs of the global community of Internet endusers to the ICANN Board. The BCEC Operating Principles in use for the 2010 selection can be found at https://st.icann.org/absdt/index.cgi?draft_bcec_operating_principles.
• 27.4 Committee Overlap
No person who is or was a member of the current BCEC may submit a SoI to that BCEC. A member of the BSPC who submits a SoI must resign from the BSPC prior to such a SoI being submitted.
• 27.5 Procedures
The BSPC and the BCEC shall adopt such operating procedures as they deem necessary. Such operating procedures shall be published and are subject to ALAC oversight and review.
• 27.6 Final Candidate List
Following the publication of the BCEC slate of candidates, RALOs have an opportunity to add candidates to that list. Candidates shall only be added if they had previously submitted a SoI to the BCEC during the current selection process, and if they receive the support through formal action of at least three of the five RALOs.27.7 ElectorateThe electorate for the final election shall be the fifteen ALAC members plus the five RALO chairs.
• 27.8 Voting Process
a) All votes shall be by secret ballot. Votes may be cast electronically, in person, telephonically or some combination thereof. For votes cast in person or telephonically, the services of a trusted third party will ensure the secrecy of the ballot. Proxies are allowed only in accordance with explicit ALAC Rules of Procedure governing their use, or with explicit BSPC rules governing their use.
b) If there is only one candidate on the Final Candidate List, that candidate shall be acclaimed the winner.
c) If there are more than three candidates on the Final Candidate List, the first vote shall be using an accepted voting method which allows the three most preferred candidates to be selected.
d) When there are three candidates remaining, there shall be vote of the electorate. Should one candidate receive greater than 50% of votes cast, that candidate shall be declared the winner. If not, the candidate with the least votes shall be removed. If there is a tie for last position, a random selection by a method determined in advance by the BSPC shall be used to identify the candidate to be removed.
e) When there are two candidates remaining, there shall be vote of the electorate. Should one candidate receive greater than 50% of votes cast, that candidate shall be declared the winner. If there is a tie, a random selection by a method determined in advance by the BSPC shall be used to identify the winner.
f) In any cases where a random selection is called for in sub-sections d) and e), if sufficient time remains, the BSPC, will run the tied election over again in case voter positions have changed. In any given step of the process, this can be done just once.
• 27.9 History
To ensure that the process history is not lost despite the volunteer and staff turnover and the infrequency of At-Large Board Member selections, the ALAC shall preserve ALAC and ABSdt documents giving the history of the creation of this Rule; and the BSPC and BCEC operating procedures and other non-confidential documents.
• 27.10 Transition Rules
a) For the initial selection process, the At-Large Board Selection Design Team (ABSdt) shall serve as the BSPC.
b) This subsection 27.10b is applicable only if the ICANN Bylaws stipulate that there will be a separate term for Seat 15 beginning at the conclusion of the 2010 ICANN annual meeting and ending six months later at the start of the first regular term.The process used to fill Seat 15 for the first term prior to the first regular term beginning six months after the ICANN 2010 annual meeting, shall be deemed to also fill Seat 15 for its first regular term.
c) With the exception of Rule 27.8 on Voting Processes, all other aspects of this Rule shall apply retroactively for the first selection of a person to occupy Seat 15. Any process which has generally followed these procedures is deemed to have been valid.
THIS LOOKS LIKE A CUT AND PASTE FROM SOMEONE ELSE’S RULE PACK.. BUT CAN IT BE FORMATTED INTO THE NEWLY AGREED ALAC RULES OF PROCEDURE FORMAT?
Yaovi Atohoun
Referring to Rules 26: I suggest that is something is missing about virtual meeting we include it in the section "Meetings and Administration".
Yaovi Atohoun
27.1 Timing
For any regular term as defined in ICANN Bylaw Article VI, Section 8(1.f) the timing of the process described in Rule 27 must meet the ICANN Bylaw Article VI, Section 8(4) requirement to provide written notice of the person selected to the Secretary of ICANN no later than five months after the conclusion of the annual meeting preceding the beginning of the new term.
Yrjo Lansipuro
This rule describes the process by which an At-Large Board member is selected to fill the Board seat referred to as Seat 15 within the ICANN Bylaws.
- To ensure that the process history is not lost despite the volunteer and staff turnover and the infrequency of At-Large Board Member selections, the ALAC shall preserve ALAC and ABSdt documents giving the history of the creation of this Rule; and the BSPC/BMSPC and BCEC operating procedures and other non-confidential documents.
RULE 1111.1 A recall vote can be initiated by:
11.2. Before proceeding to the formal recall process, the Chair may encourage the officer or appointee concerned to resign. (AG)
Avri Doria
I just a blog piece on my disappointment that we will not be seeing a vote the next time ALAC selects someone for the ICANN Board.
http://avri.doria.org/post/40444728591/letinternetusersvote
Avri Doria
What is the source of all the new content in 27.7? I think this makes it so much worse. As far as I know these were not part of the previous discussion. Are they a chair's paper? I do not think that directed votes should be put into the charter is such a random way. You all find adding voting by ALS representatives too big a change to make. And now you want to introduce directed voting? When was the notion ever discussed among the At-Large Internet Users?
Yrjo Lansipuro
The new content in 27.7. comes from Alan's contribution October 15.
Avri Doria
From October? Ok.
Seems interesting that this comes up now on an issue that was supposedly closed with nothing to be said. Does this mean the issue is now open? If so, I would like for there to be a full discussion of suffrage, either for the members of At-Large structures or for the structures themselves.
Alan Greenberg
27.b is new but was suggested because it fixes a problem that was identified during the last vote, and also fixes a non-level playing filed of some candidates being able to vote for them selves and others not.
27.c was an established rule last time, but was not enshrined in rule 27.This is not introducing the concept of directed votes. That was already introduced by RALOs last time, and their intent to do so raised the issue of IF they chose to direct votes, it must be by formal action (ie the desire that the ALSs must explicitly be involved in setting the direction.
27.d was a suggestion that I made, not necessarily with the intent of it being in the formal rules, but perhaps as a guideline to RALOs.It certainly COULD be a rule. Regardless of where it might (or might not) be stated, the intent was to give the ALSs more control than afforded by the blunt tool of winner-takes-all in cases where the ALSs are divided.
Regarding re-opening the entire discussion, my understanding that this was not the intent of this RoP revision. Of course, anything can be re-opened if a sufficient majority of the ALAC so desires. But that was not the intent going into this, and I don't think that it is this DT's mandate to change the scope in that way.
Lastly, I will point out that 27d, for RALOs that chose to direct all of their votes (to the extent allowed), is close to what Avri has proposed. I am personally of the mind that the ALAC should function as most democratic legislatures work, that is, once the people are chosen for the ALAC, they can make decisions on behalf of their constituencies. But clearly not all feel that should be how it works.
Alan Greenberg
Posted by Tijani via e-mail on 14 January
27.7 I don’t remember that we discussed the vote direction of the ALAC members. We were always talking about a directed vote for the RALO chair who represent the RALO. All ALAC members are supposed to act on their own behalf from the moment they are elected/appointed as ALAC members. I don’t think we should permit a directed vote for the ALAC members.
But if there was an agreement during the call to accept directed votes for ALAC members (perhaps when I was dropped), I propose to differentiate between the RALO chair and the ALAC members: while for the RALO chair, when directed, his/her vote counts without weighting factor, for the ALAC members, I agree to apply a weighting factor related to the proportion of the votes cast by the ALSs.
In the later case, I propose to modify the d) as follow:
d) In case of directed vote of an ALAC member by a RALO, its vote should be cast in the rough proportion of the votes cast by the ALSs. A directed vote of the RALO chair is cast without any weighting factor.
Alan Greenberg
Last time around, some regions chose to have directed votes for their Chair, and others I believe did not (I think, but am not 100% sure that at least NARALO gave their Chair some discretion). Some RALOs chose to direct the votes of their appointed ALAC members. I think that some NomCom appointed ALAC members also chose to follow that direction as well.
The intent of the suggestion was that if any votes were directed (and it is not a mandate that they be directed), that they influence the overall election outcome (to the extent possible) in proportion to how the ALSs voted. Stated in another way, if a RALO choses to take the control from their individual selectees and give it to the ALSs, they should honor the wish of those ALSs.
Yaovi Atohoun
27.7 Electorate
From Tijani "All ALAC members are supposed to act on their own behalf from the moment they are elected/appointed as ALAC members. I don’t think we should permit a directed vote for the ALAC members.". I completely agree
From Alan " if there is more than one directed vote from a RALO, its votes should be cast in the rough proportion of the votes cast by the ALSs" AGREE. My view is that we should insist on directed vote for the RALO chairs (only) so that the ALSs are involved in the election.
Avri Doria
I suggest:
27.7 a) The electorate for the final election shall be the fifteen ALAC members plus the ALS primary representatives each getting a single vote.
Avri Doria
If I understand correctly, the EASDT is going to bracket the language of 27.7a so that the issue of suffrage for ALS members, either directly or via their representatives can be discussed by the At-Large Internet community, and subsequently ALAC, before the upcoming election.
Yrjo Lansipuro
The EASDT is not going to bracket anything. There will be one more meeting and I hope the members of the EASDT will wrap up the job this drafting team was asked to do. Larger issues that have arisen in the course of our work may be subject to separate recommendations to the ALAC.
Avri Doria
Note the refusal to do bracketed text, is yet another sign of insider domination. Don't let minority opinions get in the way. I do not beleive that proper suffrage of the At-Large has been discussed by the At-Large and this was the group that was supposed to initiate that discussion before settling on final wording. Instead they ignored the topic until the last minute storm and then said, Sorry no time. Sorry not our job. Sorry we are late for an important date.
And just because the lack of multistakeholder participation in the ITU makes them suspect, does not mean that bracketed language is suspect. It is the only answer to steamrolling by those who control the pen.