Re: CHARTER

From: KathrynKL@aol.com
Date: Wed Jan 26 2000 - 13:30:11 PST


I support Alternate Option 1, as set out in the revised draft charter text
below. I support it because I believe it allows us to keep a special balance
of expertise that we have within the Noncommercial Constituency.

We face a problem within the DNSO, namely the need for specialized expertise
in different areas. Many of the issues of the DNSO and Names Council are
legally based, particularly those involving trademark law (commercial) and
the limits of trademark law (protecting noncommercial speech). The
"commercial" community has two direct constituencies: the Business
Constituency for its business people and the Intellectual Property (IP)
Constituency for its lawyers. These two groups bring many powerful trademark
attorneys to the table.

I believe our Constituency will continue to elect people who have very
different areas of deep expertise, and that our representatives will not be
interchangeable. YJ, Raul and I each brought deep strengths to the Names
Council table and each made a different type of impact. But unlike the
people in constituencies with narrower interests, the strength of broad
Noncommercial Community is our ability to bring different expertise to the
table to balance different types of discussion.

For example, I think our Constituency will continue to elect a person who is
a lawyer with trademark expertise and has a real concern for noncommercial
speech and the Limits of Trademark Law to the Names Council. This is the
role that I have played since election in August. When I needed an
alternate, I sought out someone who could bring a similar legal/trademark
expertise to the table and then quickly brought them up to speed on the
pending issues. Trademark law expertise sufficient to stand up and debate
the attorneys for ATT and Bell Atlantic is not quickly transferable.

For the near future (e.g., next election) I vote that we adopt continue
election of alternates from the same region who share the main NC's outlook,
expertise and background. This makes for easy substitutions without leaving
gaps in the expertise.

Vany's proposal, I believe, is completely compatible with Option 1 of Raul's
list.

I also vote that we list this as an issue which needs to be revisited before
the next election.

Regards, Kathy Kleiman

>
>
> 1) FROM KATHRYN AND INCLUDED IN THE DRAFT IN POINTS F AND G.
>
> F. ** Alternates
>
> While it is anticipated that Names Council representatives will manage
the
> many tasks of Names Council representation, Constituency management and
DNSO
>
> working group participation, it is also recognized that participation in
the
>
> many international meetings, international conference calls, and other
Names
>
> Council duties may from time to time require a sharing of time and costs
> with
> an Alternate.
>
> Each person running for Names Council representative may choose an
alternate
>
> with whom to run. The alternate candidate must be affiliated with an
> organization that is a member of the NCDNHC, and have the approval of that
> organization to run. Further, the alternate must be a citizen of the same
> geographic region as the Names Council candidate. The names of the two
> individuals shall be listed together on the voting ballot. A Names
Council
> candidate need not run with an alternate.
>
> The Alternate shall work closely with the Names Council representative to
> participate and vote as he/she would have done. The Alternate shall keep
> the
> Names Council representative fully informed of his/her actions when
> participating in Names Council activities. ***
>
> G. ** Resignation or Withdrawal **
>
> 1. Of a Names Council Representative
>
> Should a Names Council representative withdraw, resign or otherwise
> relinquish his/her position prior to the end of his/her term, the
> Constituency shall hold new elections for this position, provided the
> remaining time of the term consists of six or more months. Should the
> remaining time of the term consist of less than six months, the alternate
of
>
> the Names Council representative, should such a person exist, shall
complete
>
> the term.
>
> Should the Names Council representative resign without an alternate and
with
>
> less than six months remaining in his/her term, the Administrative
Committee
>
> member who was the person with the fourth highest number of votes from a
> different geographic region than the 3 Names Council Representatives shall
> serve out the remainder of the term. **
>
> 2. Of an Administrative Committee member
>
> Should an Administrative Committee member (who is not also a Names Council
> representative) withdraw, resign or otherwise relinquish his/her position
> prior to the end of his/her term, the Geographic region of the
> Administrative
> Committee member shall be asked to hold new elections for this position,
> provided the remaining time of the term consists of six or more months.
> Should the remaining time of the term consist of less than six months, the
> alternate of the Administrative Committee representative, should such a
> person exist, shall complete the term.
>
> Should the Administrative Committee member resign without an alternate and
> with less than six months remaining in his/her term, the Administrative
> Committee shall solicit input from the Constituency members of the
> Geographic
> region of the Administrative Committee member and appoint a person from
the
> Region to serve out the term.
>
> 3. Of an Alternate
>
> Should an alternate to a Names Council Representative withdraw, resign or
> otherwise relinquish his/her position prior to the end of his/her term,
the
> Constituency shall hold new elections for this position provided the
> remaining time of the term consists of six or more months. Should the
> remaining time of the term consist of less than six months, the Names
> Council
> Representative with whom the Alternate served shall appoint a new
Alternate
> to serve out the term. The new Alternate must be from the same Geographic
> region as the Names Council representative and must be affiliated with an
> organization that is a member of the NCDNHC, and have the approval of that
> organization to run.**
>

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