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[council] NC telecon Oct 18th, motion -- corrected and completed

This is a completed and corrected motion from the NC telecon
of October 18th. Thank you to Michael Schneider for his explanation
and to Kathryn Kleiman for hers.

I intend to publish it at the same time the NC declares elections
closed, and open all records to the public.


[ from http://www.dnso.org/dnso/notes/19991018.NCtelecon-motion.html]

    DNSO Names Council Teleconference on October 18th, 1999 - vote's motion.

October 18th, 1999.


  Dennis Jennings (ccTLD)
  Patricio Poblete (ccTLD)
  Nigel Roberts (ccTLD)
  Chuck Gomes (gTLD)
  Tony Harris (ISPCP)
  Hirofumi Hotta (ISPCP)
  Michael Schneider (ISPCP)
  Theresa Swinehart (Business)
  Masanobu Katoh (Business)
  Philip Sheppard (Business)
  Ken Stubbs (Registrar)
  Richard Lindsay (Registrar)
  Erica Roberts (Registrar)
  Ted Shapiro (IPC)
  Caroline Chicoine (IPC)
  Victoria Carrington (IPC)
  Raul Echeberria (NCDNH)
  Kathryn Kleiman (NCDNH)
  Youn Jung Park (NCDNH)

  Andrew McLaughlin (ICANN lawyer)
  Joe Sims (ICANN legal adviser)
  Elisabeth Porteneuve (DNSO secretariat)

After the very complete debate concerning the miscounted vote
in ballot b08 occured on Friday October 15th, during the
election for 1 year term at the ICANN Board, the NC resolved
to vote on the following motion:

   Do you agree that the DNSO secretariat asks by email
   the Names Council members to confirm that their ballot b08
   as cast was true and correct.
   It is expected that eighteen (18) members will confirm true and
   correct ballots, and the nighteenth will state that
   his vote is not true and not correct, and provide the correction.

This is the record of answers received during the NC telecon:
  Dennis Jennings (ccTLD)        - agree
  Patricio Poblete (ccTLD)       - agree
  Nigel Roberts (ccTLD)          - abstention
  Chuck Gomes (gTLD)             - agree
  Tony Harris (ISPCP)            - absent at time of vote
  Hirofumi Hotta (ISPCP)         - agree
  Michael Schneider (ISPCP)      - agree (*)
  Theresa Swinehart (Business)   - agree
  Masanobu Katoh (Business)      - abstention
  Philip Sheppard (Business)     - agree
  Ken Stubbs (Registrar)         - agree
  Richard Lindsay (Registrar)    - agree (Ken Stubbs, proxy)
  Erica Roberts (Registrar)      - agree
  Ted Shapiro (IPC)              - agree
  Caroline Chicoine (IPC)        - agree
  Victoria Carrington (IPC)      - agree
  Raul Echeberria (NCDNH)        - absent at time of vote
  Kathryn Kleiman (NCDNH)        - oppose (**)
  Youn Jung Park (NCDNH)         - abstention

(*)  "The background to this: up to now I was assuming that 
      the second message had the purpose of voting whereby 
      the wrong candidate was marked. If this had been the case I
      would have considered it a valid vote and would not have 
      agreed to a repetition. The way Dennis presented it 
      however the second message was only meant to be a reply 
      for you which never had the purpose of voting. The
      NC-member concerned has also confirmed this version.
      In light of the facts as described I share the opinion 
      that this is a miscounting rather than a selection fault 
      which justifies recounting and repeating the election as of
      the relevant round of voting." (Michael Schneider)

(**) "It is my position that we should return to the beginning
      of Election 3 and conduct it with independent scrutiny
      so that the public will see it as we see it -- above 
      board and clearly verifiable." (Kathryn Kleiman)

The Names Council resolved to adopt the motion.

Action 1: After the NC telecon, within the next half an hour,
          the secretariat will email to the NC members the b08 ballot
          for clarification. The NC members are expected to answer
          within 3 hours, before 21:00 CET.

Action 2: If all 19 answers are received, the secretariat will
          calculate the results of b08 modified by one member,
          and send this results to council@dnso.org list.
          Then the secretariat will prepare the next ballot,
          b11 (the numbers b09 and b10 will not be reused to avoid
          any confusion). The NC will have 17 hours approximately
          until Oct 19th, 14:00 CET, to vote. The secretariat
          will calculate b11 and give results before the NC
          telecon starts at 15:00 CET. Every ballot b11 will
          be aknowledged with a full copy to a voting member.
          The vote will continue during the NC telecon on Tuesday
          Oct 19th, 15:00 CET, the same phone number and passcode.

          If all 19 answers are not received at 21:00 CET,
          the secretariat will send a reminder to the council@dnso.org
          list, and it is expected that within a short time
          the missing replies will arrive.
          All 19 answers are necessary to proceed.

                 Information from:   DNSO Names Council