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Review of Recommendation 06.03 of the Board's Reconsideration Committee

Whereas, in April 2005, Marilyn Cade asked the General Counsel to provide his opinion on Ms. Cade’s eligibility to stand for election to the Board to fill the current mid-term vacancy;

Whereas, the General Counsel informed Ms. Cade that he did not believe, under the current Bylaws, that Ms. Cade is eligible to stand for election to the ICANN Board at this time;

Whereas, on 3 May 2006, Ms. Cade submitted a Reconsideration Request asking that the Reconsideration Committee review the General Counsel’s opinion as to her eligibility to stand for election for the mid-term vacancy on the ICANN Board; and

Whereas, the Reconsideration Committee has reviewed the reconsideration request and has submitted its recommendations to the Board, which will be posted at [not sure how to add link to site include site] , no later than ____, 2006.

Resolved (06. ­­ __ [not sure what number this will be]), that the Reconsideration Committee's Recommendation RC 06-3 is adopted for the reasons stated in that recommendation. [Note: We could leave it at that and not worry about the specific bases in this resolution (which is consistent with the other two resolutions on reconsideration made in Wellington) or we could add the rest.] Specifically, the Board concludes there are no grounds for reconsideration as Article VII, Section 8 of the Bylaws, as it currently reads, makes clear that Ms. Cade cannot – under any circumstance – become eligible to fill the current midterm vacancy on the ICANN Board.  Moreover, Article VII, Section 8, as written, does not allow flexibility to consider “exigent circumstances” under any situation. Given that the Board has made this resolution, there is no reason to respond to the stay request.

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