[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

RE: [ICANN-EU] RE: PLEASE TELL ME I'M WRONG. (AND WHY)



You wrote:
> Giorgio:
> 
> Aha!  I see the source of your confusion.  Outside of Article II, the Bylaws
> use the term "Member" to refer to Directors -- as in "Member of the Board."
> The Board has 19 members, but none of them is required to be an At Large
> member.
> 
Mmmh...I'm not a lawyer but in the whole Art V Section 1 these are referred 
(4 times) as "members of the initial board " (which is not ambiguos) except 
exactly in that place of first sentence. Maybe stating a 'nine At Large 
_selected_ members and the President "  would have been less ambiguos.

> As a matter of legal construction, there is no ambiguity -- you can take my
> statement as good authority.  Anyway, Article V, Section 1, which you quote,
> describes the "Initial Board," which no longer exists.  If you read Section
> 5, it is obvious that being a "member of the Board" has no relationship to
> the At Large membership program.
> 
I think you were referring to section 4 instead of 5..
BTW I greatly prefer your point (1) as you expressed it in your first answer on 
my concerns. And since you are confirming it this is very nice for me. (and 
for many others too I think)

Sorry for being so "fussy" :-)

Best regards
Giorgio Griffini