This workspace has been created for use by the At-Large Elections, Selections and Appointments Drafting Team (ESADT) to prepare draft text on the revision of the ALAC Rules of Procedure. The expectation is that from this drafting a new set of Rules of Procedure (RoPs) or Operating Principals (OPs) for ALAC will be created, adopted/endorsed and in use from end 2012.
The purpose of this workspace is to offer a space where the revised rules are worked on in pre-consensus mode during and between formal meetings of the Drafting Team.
General Notes on Style
It is expected that text for this section and the full document shall :-
- be written in 'plain language' which is easily and accurately translated into languages other than English.
- be clear and unambiguous text.
- be minimalist in approach using the "less is more" or "Keep it Simple" approach.
- wherever possible use a short text introduction / summary / outline to each section and Sub section and for any given (distinct) Principal or Procedure / Rule followed by an example if needed (this could be in a highlight or boxed 'call out' text) and where needed followed by numbered parts or sub-parts to give greater detail and clarity as needed.
6 Comments
Yrjo Lansipuro
This is the first draft by Yaovi and Yrjö
Elections, selections and appointments
1.General provisions
1.1.Of the appointments covered by this rule, the ICANN Bylaws stipulate only that the ALAC Chair has to be elected. Other appointments can thus be made by consensus, but failing that, elections can always be used as a last resort.
2. Procedures for the election of ALAC Chair and other officers
2.1. Ordinary elections
2.1.1 No earlier than one calendar month and no later than three weeks before the beginning of an ICANN meeting where one or more ALAC officers have to be elected, the Chair/ALAC Staff will send to the public ALAC list an “election call”, listing the officers to be elected and asking for nominations by ALAC members within 14 (fourteen) days.
2.1.2. If the ICANN meeting in question is the Annual General Meeting (AGM), in addition to current ALAC members, anyone with a chance of becoming an ALAC member at the AGM can be nominated, but will automatically be disqualified if he/she fails to become a member.
2.1.3. A nominee has to send a message of acceptance to the public ALAC list within seven (7) days after the deadline for nominations
2.1.4. After the deadline for nomination acceptance has passed, and no less than 7 (seven) days before the opening of the ICANN meeting, the Chair/ALAC Staff will post to the public ALAC list an “election summary” of all valid nominations for all open positions, announcing the date and time of the elections.
2.1.5. Nominations shall then be discussed on the public ALAC list, via instant messaging services, by telephone and/or at physical ALAC meetings, as appropriate, with the aim, among others, of ensuring the representation of all five ICANN regions among the officers.
2.1.6. The election will take place during the ICANN Meeting, except when it is the Annual General Meeting (AGM). In this latter case, the vote shall be within the first 48 (forty-eight) hours after the closure of the AGM; thus, the electorate will include the members whose term starts at the closure of that AGM, and will not include the former ALAC members whose term ends at the closure of that AGM.
2.1.7. The ALAC can designate and independent third party to conduct the mechanics of the vote.
2.1.8. The voting mechanism shall allow each member to cast his/her vote in a confidential manner, either physically present at the meeting or remotely. In the latter case, the vote can be cast in advance of the date and time of the vote.
2.1.9. There has to be a quorum for the election to be valid. .
2.2. Extraordinary elections
2.2.1 If for any reason a vacancy arises outside the normal election cycle, and an officer position becomes vacant before the end of the term, the Chair will immediately send to the public ALAC list an “election call” for filling the open position for the remainder of the ordinary term, asking for nominations by a 14 day deadline or sooner, if warranted by special circumstances.
2.2.2. Only current ALAC members are eligible and entitled to vote.
2.2.3. Within 7 (seven) days of the nominations deadline, the Chair will post to the ALAC public list an “election summary” of all valid nominations, announcing the date, time and modalities of the election.
2.3. Special provisions
2.3.1.If two or more candidates receive the same, highest number of preferences, a runoff election is to be conducted.
2.3.2. The Chair will select a new date and time for the runoff election, at least 7 (seven) days after the previous vote has concluded. in this vote, only the candidates that received the same, highest number of preferences will be eligible. The Chair will then immediately send a new “election summary” message and the procedure will then restart.
2.3.3. In case no candidate is elected for any other reason (lack of valid nominations, lack of five valid preferences...), the Chair will immediately post a new “election call”, thus reopening nominations. The Chair and the serving officers may jointly appoint a Member to fill the vacancy who may serve until the elections process concludes, or until the term of office ends and a successor is elected, whichever shall come first.
2.3.4.Incumbent officers shall continue to serve in their position in full standing until a valid result is obtained for the election and a new officer is elected.
3. Procedure for other appointments
3.1. Appointments of At-large representatives to various ICANN bodies both inside and outside of the ALAC will be made by the ALAC. Such appointments shall normally be initiated by a call for volunteers, posted by the Chair to the public ALAC list, allowing at least 7 (seven) days for people to volunteer, and trying to reach consensus on the appointment(s). However, if consensus cannot be reached, or in case that this is requested by at least 3 (three) ALAC members, the Chair will start a formal election procedure.
3.2. The election can take place by electronic mail, online ballot, written ballot, or any other means deemed convenient and accurate.
3.3. ALAC Representatives to the NOMCOM will be proposed by RALO’s, based on their internal selection processes, which in principle should be trusted by the ALAC.
4. Procedures for electing the ALAC representative to the ICANN Board
TBC
5. Recall
TBC
Alan Greenberg
Several comments:
This should specify the term of the appointment. The DSDT discussion concluded that the term should be only for the remainder of the outgoing Chair's term.
Although other positions can be named by more flexible procedures, perhaps some mention of timing is appropriate. The DMDT also discussed this at length. Out original conclusion was that the candidates for the other officer positions should be identified by the end of the AGM and the selection done immediately after. There has been a more recent suggestion that it be done by the old ALAC for the same reasons that the Chair should be selected early.
Posting to the ALAC list is appropriate for positions open solely to ALAC members, but a wider list should be used for other appointments.
If by "formal election procedure" you mean a secret ballot, the requirement for 3 ALAC members to request it is probably redundant, since the MADT has pretty well decided that any consensus decision can be changed to a formal vote at the request of a single ALAC member.
3.3 sounds like a difficult provision to follow. Under what conditions would the "principle" be not followed.
Many (but not all) of the Board selection procedures were worked out by a VERY difficult consensus process and care needs to be taken to not break that balance now. That being said, I do have some suggestions for adjustments based on the first experience or changes circumstances.
5. Recall
TBC
Yrjo Lansipuro
ESADT draft v. 2.0
This draft by the penholders (YA and YL) also incorporates some of the suggestions by AG, above.
Elections, selections and appointments
1.General provisions
1.1.Of the appointments covered by this rule, the ALAC Chair has to be elected as stipulated by ICANN Bylaws. Other appointments can be made by consensus, but failing that, elections can always be used as a last resort.
Note: consensus will be defined in the appropriate section of the rules
1.2. Elections can take place by electronic mail, online ballot, written ballot, or any other means deemed confidential, convenient and accurate.
2. Procedures for the election of ALAC Chair and other officers
2.1. Ordinary elections
2.1.1. Ordinary elections of the ALAC officers (number and titles to be defined) shall be held in connection with the Annual General Meeting (AGM) or, if decided by the ALAC, at another ALAC meeting in connection with an ICANN public meeting.
2.1.2 The Chair should preferably be selected (at a meeting) before the AGM (AG)
2.1.3 No earlier than one calendar month and no later than three weeks before the beginning of an ICANN meeting where one or more ALAC officers have to be elected, the Chair/ALAC Staff will send to the public ALAC list an “election call”, listing the officers to be elected and asking for nominations (including self-nominations) by ALAC members within 14 (fourteen) days.
2.1.4. In addition to current ALAC members, anyone with a chance of becoming an ALAC member at the AGM at which the ALAC officers are elected, can be nominated, but will automatically be disqualified if he/she fails to become a member. In elections held at other ALAC meetings, only current ALAC members can be nominated.
2.1.5. A nominee has to send a message of acceptance to the public ALAC list within seven (7) days after the deadline for nominations
2.1.6. After the deadline for nomination acceptance has passed, and no less than 7 (seven) days before the opening of the ICANN meeting, the Chair/ALAC Staff will post to the public ALAC list an “election summary” of all valid nominations for all open positions, announcing the date and time of the elections.
2.1.7. Nominations shall then be discussed on the public ALAC list, via instant messaging services, by telephone and/or at physical ALAC meetings, as appropriate, with the aim, among others, of ensuring the representation of all five ICANN regions among the officers.
2.1.8. In case of elections in connection with the AGM, the vote shall be within the first 48 (forty-eight) hours after the closure of the AGM; thus, the electorate will include the members whose term starts at the closure of that AGM, and will not include the former ALAC members whose term ends at the closure of that AGM. In case of elections in connection with other ALAC meetings, the vote will be during the meeting, and the electorate will consist of current ALAC members only.
2.1.9. The ALAC can designate an independent third party to conduct the mechanics of the vote.
2.1.10. The voting mechanism shall allow each member to cast his/her vote in a confidential manner, either physically present at the meeting or remotely. In the latter case, the vote can be cast in advance of the date and time of the vote.
2.1.11. There has to be a quorum (to be defined by the DSTD) for the election to be valid. .
2.2. Extraordinary elections
2.2.1 Extraordinary elections are held, if for any reason a vacancy arises outside the normal election cycle, and an officer position becomes vacant before the end of the term.
2.2.2.When such vacancy occurs, the Chair will immediately send to the public ALAC list an “election call” for filling the open position for the remainder of the ordinary term, asking for nominations by a 14 day deadline or sooner, if warranted by special circumstances.
2.2.3. Only current ALAC members from the region where the vacancy has occurred (YA) are eligible. All current ALAC members and entitled to vote.
2.2.4. Within 7 (seven) days of the nominations deadline, the Chair will post to the ALAC public list an “election summary” of all valid nominations, announcing the date, time and modalities of the election and specifying the term of the appointment (AG)
2.3. Special provisions
2.3.1. The election system is described in the Annex (TBC)
2.3.2.If two or more candidates receive the same, highest number of preferences, a runoff election is to be conducted.
2.3.3. The Chair will post a new “election summary”, listing only the candidates that received the same, highest number of preferences, and select the date and time for the runoff election, to be held as soon as the electorate can be informed about it.
2.3.4. In case no candidate is elected for any other reason (lack of valid nominations, lack of five valid preferences...), the Chair will immediately post a new “election call”, thus reopening nominations. The Chair and the serving officers may jointly appoint a Member to fill the vacancy who may serve until the elections process concludes, or until the term of office ends and a successor is elected, whichever shall come first.
2.3.5.Incumbent officers shall continue to serve in their position in full standing until a valid result is obtained for the election and a new officer is elected.
3. Procedure for other appointments
3.1. Appointments of At-large representatives to various ICANN bodies both inside and outside of the ALAC, including Liaisons, will be made by the ALAC. Such appointments shall normally be initiated by a call for volunteers, posted by the Chair to the public ALAC list, and on wider lists, if appropriate (AG), allowing at least 7 (seven) days for people to volunteer, and trying to reach consensus on the appointment(s). However, if consensus cannot be reached, or in case that this is requested any (AG) ALAC member, the Chair will start a formal election procedure.
3.2. ALAC Representatives to the Nominating Committee will be proposed by RALO’s, based on their internal selection processes.
4. Procedures for electing the ALAC representative to the ICANN Board
TBC
5. Recall
TBC
Yrjo Lansipuro
ESADT v. 4.0 October 7, 2012
Elections, selections and appointments
1.General provisions
1.1. According to the ICANN Bylaws, the ALAC Chair has to be formally elected. Other selections and appointments can be made by consensus, but failing that, elections can always be used as a last resort.
1.2. Elections and selections can take place by electronic mail, online ballot, written ballot, or any other convenient and accurate means that are deemed to provide appropriate degree of confidentiality.
2.1.2. The time schedule of the election process must take into account a possible run-off election.
2.1.3 The Chair / ALAC Staff will send to an appropriate ALAC mailing list an “election call” for the ALAC Chair, giving the schedule and modalities of the election process and a requesting nominations (including self-nominations) by ALAC Members. The election call will allow at least fourteen (14) days for nominations.
2.1.4 The requirements to be met by nominees for Chair are listed in section X of the RoP.
2.1.5 A nominee must send a message of acceptance to the same list on which nominations were solicited within seven (7) days of the close of nominations. If the nominee does not have sending privileges to that list, the acceptance should be sent via ALAC Staff. If the nominee does not have an ALAC Statement of Interest, one must be completed prior to the close of the acceptance period.
2.1.6. After the deadline for nomination acceptance has passed, the Chair/ALAC Staff will post to the appropriate ALAC mailing list an “election summary” of all valid nominations for Chair, announcing the detailed election process.
2.1.7. Nominations shall then be discussed on the appropriate ALAC mailing list, conference calls, or other electronic or face-to-face meetings as appropriate.
2.1.8. The ALAC can designate an independent third party to conduct the mechanics of the vote.
.
2.1.9 The voting mechanism shall allow each Member to cast his/her vote in a confidential manner.
2.1.11. The count of those voting must constitute an ALAC quorum for the election to be valid.
2.2. Ordinary Leadership Team selections
2.2.1. Ordinary elections of the ALAC Leadership Team Members shall be held in connection with the AGM.
2.2.2 The incoming Chair must be selected prior to the initiation of the selection process of the other Members of the Leadership Team. (Cf. 2.1.1., 2.1.2)
2.2.3 The Chair / ALAC Staff will send to an appropriate ALAC mailing list a “selection call” for the Leadership Team Members identifying the positions to be filled, giving the schedule and modalities of the selection process and requesting nominations (including self-nominations) by ALAC members. The selection call will allow at least seven (7) days for nominations.
2.2.4 The requirements to be met by Leadership Team nominees are listed in section X of the RoP.
2.2.5 A nominee must send a message of acceptance to the same list on which nominations were solicited within seven (7) days of the close of nominations. If the nominee does not have sending privileges to that list, the acceptance should be sent via ALAC Staff. If the nominee does not have an ALAC Statement of Interest, one must be completed prior to the close of the acceptance period.
2.2.6. The selection of the Leadership Team Members (excluding the Chair) shall be carried out during the AGM using the standard ALAC process of consensus if possible, and barring that, by secret ballot. Regardless of outcome, there shall be not more than one person selected from each of the regions not represented by the Chair.
2.3. Extraordinary elections, selections and appointments
2.3.1 Extraordinary elections are held, if for any reason a vacancy arises outside the normal election cycle, and a Leadership Team position (including the Chair) becomes vacant more than X months before the end of the term.
2.3.2.When such vacancy occurs, the Chair /ALAC Staff will immediately send to an appropriate ALAC mailing list an “selection/election call” for filling the open position for the remainder of the ordinary term, asking for nominations by a 14 day deadline or sooner, if warranted by special circumstances. The “selection/election call” should allow for nominations to be accepted within 7 days of the nomination.
2.3.3. If the Chair is the vacancy being filled, nominations may be for ALAC Members from any region. If one of the other Members of the Leadership Team is being filled, nominations may only be from for an ALAC Member from the region represented by the previous incumbent.
2.3.4. Only current ALAC Members are eligible and entitled to vote.
2.3.5. Within 7 (seven) days of the nominations deadline, the Chair will post to the ALAC public list a “selection/election summary” of all valid nominations, announcing the date, time and modalities of the selection and specifying the term of the appointment.
2.3.6. If the Chair is being elected, and the incoming Chair is from different region than the Chair previously in office, then a new Leadership Team Member from the latter region must be selected.
2.4. Special provisions
2.4.1. The election system is described in the Annex.
2.4.2.If two or more candidates receive the same, highest number of preferences, a runoff election is to be conducted.
2.4.3. The Chair/ALAC Staff will post a new “election summary”, listing only the candidates that received the same, highest number of preferences, and select the date and time for the runoff election, to be held as soon as the electorate can be informed about it.
2.3.4. In case no candidate is elected for any other reason (lack of valid nominations, lack of five valid preferences...), the Chair/ALAC Staff will immediately post a new “election call”, thus reopening nominations. The Chair and the serving officers may jointly appoint a Member to fill the vacancy who may serve until the elections process concludes, or until the term of office ends and a successor is elected, whichever shall come first.
2.3.5.Incumbent officers shall continue to serve in their position in full standing until a valid result is obtained for the election and a new officer is elected.
3. Procedure for other appointments
3.1. Appointments of At-large representatives to various ICANN bodies both inside and outside of the ALAC, including Liaisons, will be made by the ALAC. Such appointments shall normally be initiated by a call for volunteers, posted by the Chair to an appropriate ALAC/At Large mailing list, and on other lists, if appropriate, allowing at least 7 (seven) days for people to volunteer. The ALAC tries to reach consensus on the appointment(s). However, if consensus cannot be reached, or in case that this is requested any (AG) ALAC member, the Chair will start a formal election procedure.
3.2. ALAC Representatives to the Nominating Committee, one from each ICANN region, will be selected by ALAC in consultation with the RALOs.
4. Procedures for electing the ALAC representative to the ICANN Board
TBC
5. Recall
TBC
Alan Greenberg
The voters in a Board member election is the ALAC and the 5 RALO Chairs.
One of the issues that arose during the first Board member selection was that the Bylaws forbid an ALAC member who is a candidate from voting (Bylaw VI, Section 4.2). If the member is a RALO selected ALAC Member, the RALO can select a replacement for the purposes of the selection. For a NomCom selected Member, the NomCom could in theory name a replacement, but the NomCom does not do so.
Confusedly, the Bylaws do allow a RALO Chair who is a candidate to vote in the election.
I would suggest the rules be modified to address these to issues. Specifically, that we change the electorate definition to specify that if one of these voters (either ALAC member or Chair) were a candidate, the RALO for their region could name a replacement.
This would be redundant in the case of RALO selected ALAC members, would fix the NomCom appointee problem, would allow a RALO Chair to be a candidate without resigning from that position first or voting in his/her own election (since the Chair is explicitly named in the rule).
Alan Greenberg
Another issue that arose during the last Board Member selection was the concept of "directed" votes, both for RALO Members and Chairs. Although there were some critical guidelines for such voting, they were not put into the rules. To ensure that the required standards are followed in the future (and ensure the credibility of the selection), I would suggest that they be enshrined in the rules.
Specifically, I suggest that a rule be added specifying that if a vote of an ALAC member or Chair is to be directed by a RALO membership, that decision needs to be a formal decision of the RALO, and that the direction needs to be a formal vote of the RALO according to their respective rules.
Lastly, I would suggest one more change, and this one is new, but in line with the intent of directed votes, specifically to cast votes in accordance with the views of the ALSs. That is, if there is more than one directed vote, that to the extend possible, they be cast in the rough proportion of the votes cast by the ALSs.