Adjustment to the Functions of the Board of Directors - Ajuste-Funciones-Directorio

General information

Español
30/08/2021
Did not reach consensus
0 %.

Jordi Palet Martínez - Version [1, 2, 3]
In discussion
30/08/2021
First consensus
25/10/2021 - 08/11/2021
Did not reach consensus
25/10/2021

Public comments by LACNIC staff for this version

LACNIC Staff's Interpretation of the Proposal

Author: Jordi Palet Martínez

Applicability:
This proposal updates the functions of the LACNIC Board of Directors listed in the PDP and introduces some editorial changes.

Rationale:
The current text of section 3.5. (LACNIC Board of Directors) specifies that the Board must perform certain tasks during its first meeting after the last call for comments.
However, it has already occurred that the first meeting’s agenda has collapsed due to more pressing issues or a very large number of proposals and not all assigned tasks have been carried out, therefore resulting in non-compliance with the PDP.
This does not seem reasonable considering that different proposals may, in case of extreme necessity and at the discretion of the board, be discussed over several meetings, not just the first, which seems to be a misinterpretation of the existing wording and should be clarified.
In addition, the current text seems to ‘forget’ other functions of the board such as the PDP chair election process and does not allow the board to delegate functions to specific commissions.
Likewise, the series of changes that have been introduced to the PDP have resulted in unnecessary duplications, so the authors are also taking advantage of this proposal to eliminate such duplications and reorganize the text in this section.

Modifications to the current text:
This proposal introduces changes to the PDP in its Section 3.5 LACNIC Board of Directors, modifying its description and dividing it into three sections.
● 3.5. Functions of the LACNIC Board
● 3.5.1. In relation to the Chairs
● 3.5.2. In relation to proposals that have achieved consensus, as soon as possible after the last call for comments
● 3.5.3. Other functions

Proposal Text:
3.5. Functions of the LACNIC Board
The LACNIC Board has ultimate responsibility for supervision of the PDP, specifically in relation to the functions listed below.

3.5.1. In relation to the Chairs
• The election process, which may be delegated to a specific commission.
• To remove of one or both chairs when failure to perform their duties causes serious damage to the PDP.
• Should a chair be removed, to appoint a temporary alternate (who will serve until the following election) within a maximum period of two weeks.


3.5.2. In relation to proposals that have achieved consensus, as soon as possible after the last call for comments
• To accept the proposal, analyzing its implementation date in communication with the staff, and to make the corresponding announcements.
• To reject the proposal, detailing the causes on the Public Policy List so that the authors can decide whether they wish to submit a new version.

3.5.3. Other functions
• To decide in case of appeal.
• To summon the creation of Working Groups.

Differences from the previous version:

3.5 Functions of the LACNIC Board

v2: “The LACNIC Board has ultimate responsibility for supervision of the PDP, specifically in the functions listed below, any of which may be delegated to specific commissions.”
v3: “The LACNIC Board has ultimate responsibility for supervision of the PDP, specifically in relation to the functions listed below.”

3.5.1 In relation to the Chairs

v2: “Election process.”
v3: “The election process, which may be delegated to a specific commission.”

LACNIC Staff Comments:
1) Regarding the rationale stated by the author in relation to the functions of the LACNIC Board and the current text of PDP Section 3.5:
a) In the Spanish variant used in Latin America, the term “podrá” (“may”) expresses possibility, a choice to act or not to act, which leaves the decision regarding the most appropriate moment to do so to the Board's discretion. Despite this, the Board has been very much aware of the relevance of its functions and has dealt with the ratifications with absolute responsibility.
b) The author cannot assign one meaning to the word “podrá” (may) in the rationale, and a different meaning to the same word in Section 3.5.1.
c) We repeat the comment we included in the impact analysis we prepared for the previous version of this proposal: The author assumes that the Board of Directors cannot delegate some of the functions of the election process to the chairs. We remind the author that the current PDP (Section 3.5) assigns the Board of Directors the responsibility for said process, for which the Board must implement the actions it deems necessary, including the delegation of operational functions (both to the staff and to various committees if they see fit).

2) No further comments on the text of this new version of the proposal.

Recommendations:

No recommendations.

Official Sources:
The similarity of this policy with the procedures in force in other RIRs is not relevant to this discussion.

Impact of the policy on the registry and/or other systems:
The approval of this proposal would not affect the registry or other systems.


Summary

This proposal updates the functions of the LACNIC Board of Directors listed in the PDP. It also introduces editorial changes to avoid repetitions and modifies the order of the text.

Rationale (Describe the problem you intend to solve)

The current text of section 3.5. (LACNIC Board of Directors) specifies that the Board must perform certain tasks during its first meeting after the last call for comments.

However, it has already occurred that the agenda of this meeting has collapsed due to more pressing issues or a very large number of proposals, so not all assigned tasks have been carried out, resulting in a non-compliance with the PDP.

This does not seem reasonable considering that, in case of extreme necessity, multiple proposals can be addressed in two meetings instead of being limited to the first one.

Likewise, a review of the text of the PDP shows the possibility of a “power vacuum” in the event that both moderators are removed, which should obviously be avoided. For this reason, the candidates with the highest number of votes in the previous elections would be considered and the Board of Directors would thus avoid the more time-consuming option of conducting a search for candidates.

In addition, the series of changes that have been introduced to the PDP has resulted in unnecessary duplications, so the authors take advantage of this to eliminate them and reorganize the entire text.

Current text

3.2.1. LACNIC Board of Directors

During its first meeting after the four-week last call for comments, the LACNIC Board may:

• Ratify the proposal. Analyze its implementation in communication with the staff and make the corresponding announcement.
• Reject the proposal and, through the PDP Chairs, request that the Public Policy List continue their analysis and submit a new proposal.
• Decide the removal of one or both PDP Chairs if failure to comply with their responsibilities were to affect the policy development process. The Board will be responsible for presenting the interim chair(s) within a maximum two weeks, and these interim chairs will serve until the next election.

In addition:

• The Board may summon the creation of Working Groups on the Public Policy List.
• They will be responsible for the election process to appoint the PDP Chairs.
• If a decision of the chairs is appealed, the Board must decide the appeal within a maximum of four weeks.

New text
Analyze diff

3.2.1. Functions of the LACNIC Board

The LACNIC Board has ultimate responsibility for supervision of the PDP, specifically in the functions listed below, any of which may be delegated to specific commissions.

3.2.1.1. In relation to the Chairs
• Election process.
• To remove one or both chairs when failure to perform their duties causes serious damage to the PDP.
• Should a chair be removed, to present the temporary alternate at the earliest opportunity, taking into account the candidates who were not previously elected but obtained the next highest number of votes after the chair that has been removed.
• Should both chairs be removed, or in the event that none of the previous candidates accepts the position, the Board of Directors will have 48 working hours to appoint another chair/other chairs of their choice. Temporary alternates will complete the term of the removed chairs and may seek reelection for a new term.

3.2.1.2. In relation to proposals that have achieved consensus
• To accept the proposal, analyzing its implementation in communication with the staff and making the corresponding announcements.
• To reject the proposal, detailing the causes on the Public Policy List, so that the authors can decide if they wish to submit a new version.

The decision to accept or reject a proposal must be made during the first meeting held after the last call for comments. In exceptional cases, these decisions may be made in an additional Board meeting.

3.2.1.3. Other functions
• To decide in case of appeal.
• To summon the creation of Working Groups.

Additional information

.

Timetable

-

References

-

Presented at:

-


Summary

This proposal updates the functions of the LACNIC Board of Directors listed in the PDP. It also introduces editorial changes to avoid repetitions and modifies the order of the text.

Rationale (Describe the problem you intend to solve)

The current text in section 3.5. (LACNIC Board of Directors) specifies that the Board must perform certain tasks during its first meeting after the last call for comments.

However, it has already occurred that the first meeting’s agenda has collapsed due to more pressing issues or a very large number of proposals and not all assigned tasks have been carried out, therefore resulting in non-compliance with the PDP.

This does not seem reasonable considering that different proposals may, in case of extreme necessity and at the discretion of the board, be discussed over several meetings, not just the first, which seems to be a misinterpretation of the existing wording and should be clarified.

In addition, the current text seems to ‘forget’ other functions of the board such as the PDP chair election process and does not allow the board to delegate functions to specific commissions.

Likewise, the series of changes that have been introduced to the PDP has resulted in unnecessary duplications, so the authors are also taking advantage of this proposal to eliminate such duplications and reorganize the text in this section.

Current text

3.2.1. LACNIC Board of Directors

During its first meeting after the four-week last call for comments, the LACNIC Board may:

• Ratify the proposal. Analyze its implementation in communication with the staff and make the corresponding announcement.
• Reject the proposal and, through the PDP Chairs, request that the Public Policy List continue their analysis and submit a new proposal.
• Decide the removal of one or both PDP Chairs if failure to comply with their responsibilities were to affect the policy development process. The Board will be responsible for presenting the interim chair(s) within a maximum two weeks, and these interim chairs will serve until the next election.

In addition:

• The Board may summon the creation of Working Groups on the Public Policy List.
• They will be responsible for the election process to appoint the PDP Chairs.
• If a decision of the chairs is appealed, the Board must decide the appeal within a maximum of four weeks.

New text
Analyze diff

3.2.1. Functions of the LACNIC Board

The LACNIC Board has ultimate responsibility for supervision of the PDP, specifically in the functions listed below, any of which may be delegated to specific commissions.

3.2.1.1. In relation to the Chairs
• The election process.
• To remove one or both chairs when failure to perform their duties seriously damages the PDP.
• Should a chair be removed, to appoint a temporary alternate (who will serve until the following election) within a maximum period of two weeks.

3.2.1.2. In relation to proposals that have achieved consensus, as soon as possible after the last call for comments
• To accept the proposal, analyzing its implementation date in communication with the staff and making the corresponding announcements.
• To reject the proposal, detailing the causes on the Public Policy List so that the authors can decide whether they wish to submit a new version.

3.2.1.3. Other functions
• To decide in case of appeal.
• To summon the creation of Working Groups.

Additional information

-

Timetable

-

References

-

Presented at:

LACNIC35 (11/05/2021)


Summary

This proposal updates the functions of the LACNIC Board of Directors listed in the PDP. It also introduces editorial changes to avoid repetitions and modifies the order of the text.

Rationale (Describe the problem you intend to solve)

The current text of section 3.5. (LACNIC Board of Directors) specifies that the Board must perform certain tasks during its first meeting after the last call for comments.

However, it has already occurred that the first meeting’s agenda has collapsed due to more pressing issues or a very large number of proposals and not all assigned tasks have been carried out, therefore resulting in non-compliance with the PDP.

This does not seem reasonable considering that different proposals may, in case of extreme necessity and at the discretion of the board, be discussed over several meetings, not just the first, which seems to be a misinterpretation of the existing wording and should be clarified.

In addition, the current text seems to ‘forget’ other functions of the board such as the PDP chair election process and does not allow the board to delegate functions to specific commissions.

Likewise, the series of changes that have been introduced to the PDP has resulted in unnecessary duplications, so the authors are also taking advantage of this proposal to eliminate such duplications and reorganize the text in this section.

Current text

3.5. LACNIC Board of Directors

During its first meeting after the four-week last call for comments, the LACNIC Board may:

• Ratify the proposal. Analyze its implementation in communication with the staff and make the corresponding announcement.
• Reject the proposal and, through the PDP Chairs, request that the Public Policy List continue their analysis and submit a new proposal.
• Decide the removal of one or both PDP Chairs if failure to comply with their responsibilities were to affect the policy development process. The Board will be responsible for presenting the interim chair(s) within a maximum two weeks, and these interim chairs will serve until the next election.

In addition:

• The Board may summon the creation of Working Groups on the Public Policy List.
• They will be responsible for the election process to appoint the PDP Chairs.
• If a decision of the chairs is appealed, the Board must decide the appeal within a maximum of four weeks.

New text
Analyze diff

3.5. Functions of the LACNIC Board

The LACNIC Board has ultimate responsibility for supervision of the PDP, specifically in relation to the functions listed below.

3.5.1. In relation to the Chairs
• The election process, which may be delegated to a specific commission.
• To remove of one or both chairs when failure to perform their duties causes serious damage to the PDP.
• Should a chair be removed, to appoint a temporary alternate (who will serve until the following election) within a maximum period of two weeks.

3.5.2. In relation to proposals that have achieved consensus, as soon as possible after the last call for comments
• To accept the proposal, analyzing its implementation date in communication with the staff, and to make the corresponding announcements.
• To reject the proposal, detailing the causes on the Public Policy List so that the authors can decide whether they wish to submit a new version.

3.5.3. Other functions
• To decide in case of appeal.
• To summon the creation of Working Groups.

Additional information

-

Timetable

-

References

-

Presented at:

-