00:29:11 Kimberly Carlson: Welcome to today’s ccNSO Council Teleconference on 19 November at 12:00 UTC. In the interest of time, there will be no roll call. Apologies from: Margarita Valdes, Abdalla Omari. As a reminder, all calls are recorded and transcribed; recordings/transcripts will be posted on the public wiki (https://community.icann.org/x/OYrzC). Please mute your phones and microphones when not speaking to avoid background noise and echoing. This call is governed under ICANN’s Expected Standards of Behavior. https://www.icann.org/resources/pages/expected-standards-2016-06-28-en 00:30:01 Nick Wenban-Smith, ccNSO Council Nominet UK: Hi everyone, sorry I'm a couple of minutes late, last meeting overran slightly ... 00:30:23 Pablo Rodriguez - (.pr): Greetings Nick! 00:30:27 Javier Rúa-Jovet: just starting @Nick 00:30:42 Kimberly Carlson: Hi Nick, no problem - just starting. On item #2 00:47:38 Pablo Rodriguez - (.pr): Thanks Joke 00:47:45 Joke Braeken: council election guideline, as posted onhttps://ccnso.icann.org/sites/default/files/field-attached/guideline-ccnso-council-election-procedure-31aug17-en.pdf 00:48:52 Joke Braeken: If at the close of nominations there are no more valid candidates in a particular Geographic Region than there are seats on the ccNSO Council available for that Geographic Region, then the nominated candidates shall be selected to serve on the ccNSO Council. Otherwise, an election shall be held to select the ccNSO Councillors from among the valid candidates. In such an election, a majority of all ccNSO members in the Geographic Region entitled to vote shall constitute a quorum, and the selected candidate must receive the votes of a majority of those cast by ccNSO members within the Geographic Region. 00:49:00 Joke Braeken: The voting will be conducted as follows: the voters are required to indicate on the ballot the candidate of their choice, and the winner is the candidate who receives more votes. In the event two or more candidates have received the same number of votes in the election, and no winner can be identified, a run off election will be conducted between these candidates. The full record of the number of votes will be published at the end of selection process on the ccNSO Website. The results of the election will be announced by the Election Manager. The Chair of the ccNSO Council shall inform the ICANN Secretary of the selection. 00:51:20 Joke Braeken: a particular Geographic Region than there are seats on the ccNSO Council available for that Geographic Region, then the nominated candidates shall be selected to serve on the ccNSO Council. Otherwise, an election by written ballot (which may be by e-mail) shall be held to select the ccNSO Council members from among those nominated (with seconds and acceptances), with ccNSO members from the Geographic Region being entitled to vote in the election through their designated representatives. In such an election, a majority of all ccNSO members in the Geographic Region entitled to vote shall constitute a quorum, and the selected candidate must receive the votes of a majority of those cast by ccNSO members within the Geographic Region. The ccNSO Council Chair shall provide the ICANN Secretary prompt written notice of the selection of ccNSO Council members under this paragraph. 00:51:33 Joke Braeken: https://www.icann.org/resources/pages/governance/bylaws-en/#article10 00:52:57 Javier Rúa-Jovet: runnnoff between top 2? Is that possible? 00:53:09 ALEJANDRA REYNOSO: nope 00:54:16 Stephen Deerhake: I do not think we can do that Katrina... 00:54:35 Javier Rúa-Jovet: + 1 Alexandra 00:55:09 Nick Wenban-Smith, ccNSO Council Nominet UK: What's the issue exactly though, is it that the bylaw is poorly worded and that really the intention is that the candidate with the most votes should be the winner? It depends a bit on the voting procedure and so with say a single transferable vote system then the majority wording might make more sense? 00:56:20 ai-chin Lu (ccNSO Councilor): if we run election again, what is definition of majority? 00:57:30 Laura Margolis UY: I dont see the problem either..I agree with Pablo 00:58:00 Stephen Deerhake: Section 1.4(j) "In such an election, a majority of all cNSO members in the Geographic Region entitled to vote shall constitute a quorum, and the selected candidate must receive the votes of a majority of those cast by ccNSO member with the Geographic Region." 00:58:13 Stephen Deerhake: (Section 10.4) 00:58:48 Demi Getschko: Majority is plus than 50% of valid votes 00:59:01 Stephen Deerhake: +1 @Nick. 00:59:23 Pablo Rodriguez - (.pr): +1 Nick 00:59:26 Stephen Deerhake: Should we ask ICANN legal about this? 00:59:59 Stephen Deerhake: Nick, you are the master of understatement this morning! ;-) 01:00:18 ai-chin Lu (ccNSO Councilor): so it means the winner need to have 35/2 ~18votes? 01:00:57 Maarten Simon: Please be aware if we start to interpreted ‘ majority’ as meant by the bylaws it will have effect on every other ‘majority’ in the bylaws and I am not sure if the ccNSO can decide that 01:02:24 Javier Rúa-Jovet: decision here is whether ccNSO Council interprets its own election or whether it defers to someone else (like Icann legal) for an interpretation or suggestion. 01:02:54 Pablo Rodriguez - (.pr): If we make that bylaw explicit we do not have to interpret it 01:03:58 Adebiyi Oladipo: Byron is very correct in my opinion, we should not change the will of the folks who have cast their votes. 01:04:05 Stephen Deerhake: We don't do ranked voting so I think plurality has to carry the day. 01:04:55 Demi Getschko: Byron + 1 01:05:46 Adebiyi Oladipo: Going forward, we need to look at the interpretation again and have ICANN legal interpret in their way and we take a cue from that. The other alternative would be to go for a bye law change to move from majority to highest vote 01:06:55 Demi Getschko: Nick + 1. Indeed. 01:07:06 Javier Rúa-Jovet: agree with Nick 01:07:18 Pablo Rodriguez - (.pr): Indeed, agree with Nick 01:07:31 ai-chin Lu (ccNSO Councilor): +1 01:07:38 Demi Getschko: (it is an clear error in the printed language… but agree with the idea) 01:08:35 Demi Getschko: May be we could just point to an inconsistency in terms 01:10:01 byron.holland: +1 Demi - we should recognize the inconsistency in terms and justify our interpretation 01:10:41 Demi Getschko: (yet. not even justify.. just point to inconsistency) 01:10:42 Javier Rúa-Jovet: agree. this is an issue of ccNSO self determination and governance 01:11:05 Pablo Rodriguez - (.pr): I do not support asking ICANN Legal 01:11:29 Javier Rúa-Jovet: NOT in favor 01:11:30 byron.holland: @Demi - true, I meant explain our reasoning - which is sound 01:12:06 Demi Getschko: yes! 01:12:12 Stephen Deerhake: I formally withdraw my suggestion regarding consulting ICANN legal. 01:12:18 Javier Rúa-Jovet: decision is internal on how we move forward on election whether interpret who won or hold election again 01:13:06 Stephen Deerhake: Runoff. 01:16:17 Joke Braeken: Old hand. sorry 01:17:22 Barrack Otieno AFTLD: Apologies for joining late, multiple calls today 01:17:47 Javier Rúa-Jovet: Hey Barrack! 01:28:09 Javier Rúa-Jovet: got it 01:29:21 Javier Rúa-Jovet: ok 01:30:58 Stephen Deerhake: I think we all miss traveling Alejandra! ;-) 01:31:16 ALEJANDRA REYNOSO: could be the cause 01:31:22 Demi Getschko: I will have to leave now… Thanks to all! Take care! 01:31:32 Stephen Deerhake: Bye Demi! 01:31:32 ALEJANDRA REYNOSO: Bye Demi! 01:31:46 Javier Rúa-Jovet: We all have airplane-withdrawal symptoms. 01:39:41 Barrack Otieno AFTLD: None from me 01:45:29 Stephen Deerhake: Does anyone travel anymore?