Process for setting up a new Constituency for Indivduals

29 November 2000.

Original message recorded in http://www.dnso.org/clubpublic/council/Arc04/msg00527.html
From: "Digitel - Ken Stubbs"
To: nc-intake@dnso.org; "names council" council@dnso.org
Sent: 29 November 2000 13:33
Subject: [nc-intake] Re: [ga] Re: [voters] Agenda suggestions for the next NC teleconferences

Please make this response a supporting document in consideration of this agenda item request by YJ re: Individual constituancy

Fellow members of the council...

Below is the exerpt of the section of the by-laws regarding constituancy formation:

"d) Any group of individuals or entities may petition the Board for recognition as a new or separate Constituency. Any such petition will be posted for public comment pursuant to Article III, Section 3. The Board may create new Constituencies in response to such a petition, or on its own motion, if it determines that such action would serve the purposes of the Corporation. In the event the Board is considering acting on its own motion it shall post a detailed explanation of why such action is necessary or desirable, set a reasonable time for public comment, and not make a final decision on whether to create such new Constituency until after reviewing all comments received. Whenever the Board posts a petition or recommendation for a new Constituency for public comment, it will notify the names council and will consider any response to that notification prior to taking action. "

I do not find in the current by-laws any authority or direction for the names council to be involved in the formation process of any constituancy but rather a directive that the process be one of self-organization by any prospective group. it would appear by my reading that this process if handled directly thru the ICANN board and that recognition is facilitated by interaction between the board & the proposing constituancy group.

It would seem to me that we would be out-of-bounds here to involve ourselves as a formal body in this process unless directed to by the board.

It would seem more appropriate to me if this self-formation process was managed and facilitated by the parties who are seeking constituancy status rather than members of other constituancies which we represent on the council. this would avoid any future criticism of "micro-managing" or "manipulation" of this process.

This is only my personal view as an individual member of the council of this by-law section and i would appreciate any other thoughts on this agenda item as well.

Ken Stubbs

Information from:
DNSO Names Council