Document: FINAL DRAFT with final comments included (Version_5)
This is the document which is voted on:
EURALO Articles of Association 2019 document was approved : As at Poll close: Wednesday 30 October 2019 23:59 UTC
Number of voters: 28 · Group size: 38 · Percentage voted: 73.68
82.14 % voted YES
17.86 % Abstained
According to the 2011 rules:
"11.18 Resolutions of the General Assembly in general require the simple majority of those present or voting; abstentions shall not count as a vote. Amendments of these Articles of Association require a majority of two thirds of all votes; to change the aim of The Association or to dissolve The Association a majority of three fourths of all votes is necessary."
With RED-LINE changes between latest Draft Version_5 and Draft below Version_4:
Document : FINAL DRAFT (Version_4)
Open for comments until Friday 18 October 2019 at 23:59 UTC
Please kindly insert your comments into the "comments" section of this wiki and or the EURO-Discuss mailing list euro-discuss@atlarge-lists.icann.org with the subject line "COMMENTS EURALO By-Laws"
7 Comments
Jean-Jacques Subrenat
Dear Olivier, Colleagues & Staff,
thank you for circulating this final draft. I wish to take this opportunity to congratulate the active members of our Bylaws Task Force, EURALO Chair and Board members, and Supporting Staff, for an efficient drafting and improvement process.
Here are in writing some comments I offered (mostly orally, or in the chat room of Adobe Connect) over the past few months:
Best regards,
Jean-Jacques.
Olivier Crepin-Leblond
Dear Jean-Jacques,
thank you for your kind response. I'll take each point and confirm:
OCL: the name of the association as per previous bylaws is "ICANN European Internet Users Forum" with no apostrophe.
Done.
Done.
Done.
This goes without saying. Changing the seat of the association cannot be seen as a re-writing of the bylaws that needs a full vote of EURALO members. I have made an amendment to add a sentence that says: "As this is an individual’s address, this address can be changed by the decision of the Board." I did not include the word "private" since a future individual might with to have this registered at their commercial/office address.
Done.
Done. Also fixed "where"
Done. Also fixed "where"
Done.
Done - and removed the brackets plus added: of representatives, e-mail address, postal address, or other relevant data.
Done.
Done - and also corrected other instances of the same in 7.5.9.1.
Done.
Done.
Done.
Done.
Done.
Yes, that's correct. May I suggest that this could be Wale Bakare, EURALO Secretariat? This would fit well as "keeper of the minutes"
Altogether, thank you Jean-Jacques, you have a very sharp eye!
Olivier Crepin-Leblond
Alan Greenberg's Remarks:
5.1.2 So you plan in signing a new MoU?
Answer: MoU already existing. Corrected.
6.1 Funds allocated by ICANN for the RALO are not really “gifts, donations or legacies”. Adding after ICANN “(in the form of budget allocations)” would address this.
Answer: added
7.4.2 “will be decertified” is somewhat strong given that it is a decision of the ALAC. Perhaps it is covered by referring to the ALAC RoP which make it clear it is an ALAC decision and the EURALO recommendation could be rejected.
Answer: text amended
7.5.2 Our new ALS procedures will almost certainly require 2 or possible 3 contact addresses. But you can address that once the new rules are in place. Same for 7.5.6.
Answer: noted
7.5.9 In the ALAC RoP, cover this with a footnote: The RALO in the European region has chosen to group its individual members together in an ALS (EURALO Individuals' Association) but, for the purposes of these Rules of Procedure, these individual members are deemed to be unaffiliated.
Answer: Added article 7.5.9.2 that specifies this
8.2.3.2 Do you allow for decisions via e-mail or online voting, in which case we normally deem full 100% participation?
Answer: these voting threshold were decided by consensus of our working group after much debate.
8.2.6.1 This is unclear. Is there a prior vote to decide on secrecy or each vote may be accompanied by a request for secrecy?
Answer: Split this and created a new 8.2.6.3 which says:
"All votes are open except if a secret vote has been requested by a member of the general assembly and has been supported by a Simple Majority of all delivered votes."
This lets the Chair decide how to handle the "vote" on whether a vote should be by secret ballot, whether by consensus call or otherwise.
11.2.2 and 11.2.3 I presume that the Ombudsman has agreed to this?
Answer: Yes, this was passed by ICANN Legal and re-written according to their framework.
Jean-Jacques Subrenat
Thank you Olivier for integrating the proposed amendments. I also agree with Alan's remarks.
Best regards,
Jean-Jacques.
Betty Fausta
Hello. I'm a newcormer. 2 remarks => for 2.2 if you introduce Swiss Law you may introduce french Association bylaws "association loi 1901" ; for 4.1 (ok if there is main UN language translated od at least a sum up)
Jean-Jacques Subrenat
Hello Betty,
thanks for the suggestion. There is a legal requirement to designate the jurisdiction under which an association is set up and operates. For a set very good reasons, the drafters of our association Bylaws considered that it would best be placed under the jurisdiction of Swiss law.
So the issue here is not about quoting, or referring to, pieces of national legislation from several countries, but to place the association under a specific jurisdiction. That is why the sole reference here is to Swiss law.
Best regards,
Jean-Jacques.
Olivier Crepin-Leblond
+1 Jean-Jacques