Andrew:
Your proposed solution to the alternate problem -- using the extra AdCom members
-- suffers from the same problem you identify here:
> > This provision for NC alternates is not consistent with the ICANN Bylaws.
> > Article VI-B, Section
> > 3(c) states the following: "Each Constituency shall select up to three
> > individuals to represent that Constituency on the NC, no two of whom may be
> > citizens of the same Geographic Region...." The alternates provision would
> > effectively give a constituency six representatives for NC activities (three
> > of whom would at any given time be able to vote).
If one accepts this interpretation, use of the AdCom would also effectively give
the constituency five representatives. Therefore, you must be proposing that there
be no alternates.
However, I think your reading of the by-laws is incorrect. The NCDNHC charter does
elect "up to three individuals to represent [the] Constituency on the NC." I do
not see how this language proscribes the use of alternates, as long as we still
have three votes.
The clear intent of the by-laws is to give each constituency three votes on the
NC. There is no information in the record of the by-laws' drafting, and nothing in
the language itself, that addresses the issue of alternates. Whether an alternate
counts as an alternate or as an "additional" NC representative is a matter of
interpretation. You have chosen to interpret the rules in a way that effectively
prevents alternates. Why?
We find this unacceptable, given the NCDNHC's clear need for alternates [most of
our organizations cannot afford full-time, paid lobbyists].
> > The Bylaws are quite
> > specific that up to three representatives can be named. The specific
> > limitation has a number of purposes -- for example, the NC ought to develop
> > into a collegial body that can work together and reach consensus. This is
> > hard enough with 19 participating members; it would be impossible with 38,
> > if every NC member had an alternate.
Alternates are not full NC members. They need not be part of the collegial,
consensus-building process. They are simply there to vote and voice opinions when
the normal NC rep cannot make a meeting. We fully intend, indeed REQUIRE, that our
alternates be fully coordinated with the official NC representative. So there is
no issue of having 38 NC members rather than 19.
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