Rule(s)
- 3.1 All officers must be members of the ALAC.
- 3.2 A conflict of interest statement must be filed;
- 3.3 A person shall not serve, at the same time, in two different officer positions;
- 3.4 The Chair shall be ineligible to serve on ICANN's Nominating Committee in any year in which they serve on the ALAC;
- 3.5 All officers can be removed before the end of their term by a vote of recall according to rule 11.
- 3.6 All officers have a duty of performing their roles with diligence and loyalty to the Committee, and are bound to meet the minimum participation requirements set forth in rule 21. In case of failure to do so, the Chair shall call a vote of recall.
- 3.7 Only standing members of the At-Large Advisory Committee are eligible to serve as Chair. If at any point in time the Chair leaves the membership of the ALAC for any reason, he / she shall immediately cease the function of Chair as well.
3 Comments
Alan Greenberg
3.6 perhaps needs an escape clause if it is the Chair that is the problem. But perhaps this can be covered in a more general VC may act as Chair if Chair is incapacitated or otherwise not eligible/able to take any particular mandated action.
Despite the Chair term being two years, I do not think that having two years left in term should be a requirement. To ensure no misunderstanding, perhaps the absence of such a requirement needs to be highlighted. This is in line with, for instance, selection of the Board Chair. To limit candidates to having two years left when all terms are just two years would restrict selection too much.
Sergio Salinas Porto
3.5 Todos los funcionarios pueden ser removidos antes de que finalice su mandato por una votación impulsada por la presidencia y secretaria de su RALO (al cual representa).
Dicha remoción se debe de tener basamento en causales fundadas que no dejen dudas del no cumplimento de sus deberes de representante.
Roosevelt O. King
3.1 is unnecessary. There is already established in rule 2 that the Officers are members of ALAC and the qualifications of the candidates. We must therefore start with the knowledge that "Officers" refers to the "Officers of ALAC".
3.2 Next is that the Officers must follow a certain process. At this point, the rules should be prescribing when the COI statement must be submitted. Is this after the elections or before? Is this part of the consideration for the candidacy?
3.3 This is very ambiguous. Is it that a person cannot hold two offices in ALAC or is it that once an officer of ALAC cannot serve as an officer in any other body within the structure of ICANN?
3.4 This paragraph ought to be merged with 3.3 as the subject matter is the same.
3.5 Seems to me that this is about tenure and recall and bears some relation to 3.6
3.7 has to do with eligibility. This also bears relationship with 3.2 and 3.3
If my queries can be answered, I will be better able to re-draft 3 to eliminate the ambiguity and vagueness. Further, there ought to be some rationalisation of rules 2 and 3 with respect to flow. For example, the title of the Officers should be followed by the criteria for office and then the manner of voting. A person can read rule 2 and think that is the end of it not realising that rule 3 has further criteria and do's and donts.