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Re: [council] FYI. Caroline proposal was sent by Kathryn to the ncdnhc *BEFORE* even put on the dnso.org
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LEGAL ADVICE TO THE NC
This is probably obvious to all, but in light of Kathy Kleiman's note
below, I thought it might be useful to point out that the bylaws do not
require that the GA Chair be a GA "participant," or for that matter set any
other specific qualifications. It may or may not be a good idea, but the
NC is free under the bylaws to elect anyone it pleases.
Since the bylaws are also silent on procedure, and since the NC is
responsible for the management of the DNSO, it seems logical to conclude
that it can set forth the process for nominations as well.
Finally, the bylaws do not say that "participants" in the GA shall nominate
the Chair--in fact, they are silent on this issue--and given the previous
problems with both verification and spamming, it would probably be a bad
idea to set such a qualification. Since the GA is open to anyone, and
since the NC is given the right to manage the DNSO by Section 2 of Article
VI-B, it certainly can choose to accept nominations from anyone. It could,
if it chose, inform anyone who wishes to nominate that they must assert
that they are a participant in the DNSO/GA, or if it chooses it could
require them to assert that the nominator has logged into the GA list at
least once in the past, recognizing that this is not verifiable. In fact,
since the GA list is subject to obvious abuse, even these could be argued
to be silly requirements with no substance. Since the GA Chair is an arm
of the NC used to carry out the NC's management responsibilities with
respect to the GA, it is not correct to view this process as being required
to be either truly electoral or representative. This is not to say that
the NC might not determine that it was desirable, and likely to aid it in
its responsibility of managing the development of consensus, to choose to
elect what it perceived to be a representative of the GA "participants,"
however that term is defined. Nevertheless, the NC's first responsibility
under the bylaws as now written is to manage the consensus building
process, of which the GA is a part, with no particular formal requirements
for the selection of a GA Chair.
(Embedded
image moved Elisabeth Porteneuve
to file: <Elisabeth.Porteneuve@cetp.ipsl.fr>
pic09431.pcx) 11/12/99 04:27 AM
Extension:
To: council@dnso.org
cc: (bcc: Joe Sims/JonesDay)
Subject: [council] FYI. Caroline proposal was sent by Kathryn to the
ncdnhc *BEFORE* even put on the dnso.org
All,
From the attached below, you will see that yesterday Caroline proposal
(see to {ELISABETH, WHERE????]) were transmitted to the NCDNH list,
before any comments to the council, and before I sent an official
one to all lists as well as to all Constituencies liaisons
(I did it within 2 hours after Caroline message and during
my official hollyday -- Armistice Day; nothing was in late).
I am not sure it is correct.
You probably noticed I never send an official email to the ga@dnso.org
or announce@dnso.org lists from my personnal account, with my
personnal name.
Elisabeth
> From owner-ga@dnso.org Fri Nov 12 10:05 MET 1999
> From: R.Gaetano@iaea.org
> To: ga@dnso.org
> Subject: [ga] FW from ncdnhc: GA Chair proposal from Names Council
> Date: Fri, 12 Nov 1999 10:05:59 +0100
> MIME-Version: 1.0
>
> Relevant to the GA Chair election
> Regards
> Roberto
>
>
>
>
> -----Original Message-----
> From: GAETANO, Roberto
> Sent: Friday, 12 November 1999 10:04 AM
> To: 'KathrynKL@aol.com'; ncdnhc-discuss@lyris.isoc.org
> Subject: RE: [ncdnhc document for review] GA Chair proposal from Names
> Council
>
>
> Kathryn,
>
> > Do you have any comments or concerns about the document being
> > circulated by
> > the Names council (below) for election of the GA Chair?
> >
>
> I do.
>
> First of all, a minor introductory note:
> The reference to Article VI-B, Section 4 seems irrelevant to me,
considering
> that the election of the GA Chair is covered on Article VI-B, Section 2
(j).
>
> Now, to the point.
> >
> > The Names Council has resolved that the first elections for such Chair
> > of the General Assembly will take place between the December 11th and
> > the 17th of December, 1999. Candidates for this election may be
> > nominated between the 26th of November 1999 and the 10th of December
> > 1999.
> >
> > The Names Council will elect one Chair to the General
> > Assembly who will
> > serve for a period of one year. Afterwards, a Chair will be elected
> > every year to replace the Chair whose term has expired.
> >
> > The Names Council hereby requests that the General Assembly
> > come up with
> > nomination procedures for nominating candidates for election to the
> > Chair of the General Assembly, and that it submit proposals
> > to the Names
> > Council at [ELISABETH WHAT ADDRESS???] no later than November 19th,
> > 1999.
> >
>
> I think that the first step is for the GA to agree on the nomination
> procedure.
> I am not really sure that the Council has to determine the nomination
> procedure: the Bylaws only give to the Council the power to elect the
Chair.
>
> It will be best for everybody if the GA could come up with a proposal
that
> could be agreed by the Council, and that could at the same time provide
an
> indication of the real will of the GA. In other words, what I would like
to
> avoid is another Rick White case.
>
> As a first step, it should be clear that for the GA Chair nomination only
GA
> participants should be qualified. I don't see any rationale for having
also
> the constituencies involved - I may say an obvious thing, but better to
> clear up the road in front.
>
> I will also post this to the GA, hope you don't mind.
>
> Regards
> Roberto
>
> > The nomination mechanism adopted by the Names Council and to
> > be used to
> > nominate the Chair of the General Assembly will be posted in the DNSO
> > website no later than November 26th. Nominations pursuant to the
> > nomination mechanism adopted by the Names Council must be
> > sent by e-mail
> > to {ELISABETH, WHERE????] between the 26th of November 1999
> > and the 10th
> > of December 1999 (18:00 CET, see
> > http://www.dnso.org/timeworld.html for
> > local time in other
> > places). Any and all emails relating to the
> > nomination and election of the Chair of the General Assembly will be
> > published in the www.dnso.org website. Any mail sent to any
> > other e-mail
> > address will not be considered.
> >
> >
> >
> > ---
> > You are currently subscribed to ncdnhc-discuss as: R.Gaetano@IAEA.ORG
> > To unsubscribe send a blank email to
> > leave-ncdnhc-discuss-1702D@lyris.isoc.org
> >
>
pic09431.pcx