From: Avri Doria <avri@xxxxxxx>
Date: 15 July 2009 05:27:13 BST
To: secretary@xxxxxxxxx, Peter Dengate Thrush <barrister@xxxxxxxxxxxxxxx
>, Roberto Gaetano <roberto@xxxxxxxxx>, gnso-council-draft@xxxxxxxxx
Subject: [gnso-restruc-dt] Notification of results in GNSO Council
vote on Recommended By Laws changes
To the Board;
This constitutes formal notification to the Board, to the Structural
Improvements Committee of the Board and to the Public Comments area,
on the motion concerning the recommended By Laws changes in support
of GNSO restructuring as mandated by the Board.
Chair, GNSO Council
By-Law Changes Motion proposed by Avri Doria and seconded by Chuck
On 28 August 2008 the ICANN Board of Directors approved the BGC plan
to restructuring of the GNSO; and
On 27 March 2009 the ICANN Policy Staff introduced a draft of
proposed by-law changes related to the restructuring of the GNSO; and
Subsequent to receiving the changes suggested by the ICANN Policy
Staff, the GNSO Council decided to create a Committee of the Whole
to work on a proposed set of changes to the By-laws which committee
was open to council members as well as substitutes from the
constituencies and to representatives of applicant constituencies; and
On 8 June 2009 the Structural Improvements Committee of the Board
Directors gave a set of clarification to questions posed by the GNSO
Committee of the Whole; and
On 12 June 2009, the ICANN legal counsel gave a set of recommend
edits to the GNSO Committee of the whole.
The GNSO recommends to the ICANN Board of Directors that the By-laws
related to the GNSO council be amended to read as documented in: http://www.icann.org/en/general/proposed-gnso-council-bylaws-amendment-clean-30jun09-en.pdf
The Motion passed.
12 Votes in favour:
Adrian Kinderis, Tim Ruiz (Registrar constituency), Jordi
Iparraguirre, Edmon Chung, Chuck Gomes (gTLD Registries
constituency) (two votes each)
Avri Doria, Olga Cavalli (Nominating Committee Appointees)(one vote
3 Abstentions: William Drake, Carlos Souza (Non-Commercial Users
Constituency), Kristina Rosette (Intellectual Property Constituency).
1 Vote against: Cyril Chua (Intellectual Property Constituency).
Absent Council members: Philip Sheppard, Mike Rodenbaugh, Zahid
Jamil (Commercial and Business Users Constituency), Ute Decker
(Intellectual Property Constituency), Tony Holmes, Tony Harris, Greg
Ruth (Internet Service and Connectivity Providers Constituency),
Mary Wong (Non-Commercial Users Constituency), Terry Davis
(Nominating Committee Appointees), Stéphane van Gelder (Registrar
Kristina Rosette: Reason for abstention:
It is inappropriate for there to be a vote on the by-laws until we
have a resolution of the allocation of Board seats 13 and 14 as well
as the absence of language pertaining to the temporary transitional
allocation of the six seats in the NCSG.
Bill Drake: Reason for abstention:
Reason for abstention:
I abstain because the document is not done and we are waiting for
clarification of some closely linked issues that will affect our
participation in the new GNSO
Carlos Souza: Reason for abstaining:
I understand that the wording regarding the NCSG seats have been
changed and we do not have the blank space at the end of the clause
as it was presented in Sydney. However, there are some issues that
require further input and the document as today is still incomplete
on that regard.
Glen de Saint Géry
I. The vote was originally scheduled for 24 June 2009, but held over
at the request of several constituencies. It has been GNSO Council
practice to postpone a vote for one (1) meeting when a constituency
asks for more time for considering the motion within the constituency.
II. The meeting for the vote was originally scheduled for 2 July
2009, but was postposed until 9 July 2009 at a council meeting on 25
June 2009. There were no recorded objections to the scheduling of
the meeting for that date.
III. The decision described above, was made according to the ByLaws
currently in effect:
X.3.9.b. Members entitled to cast a majority of the total number of
votes of GNSO Council members then in office shall constitute a
quorum for the transaction of business, and acts by a majority vote
of the GNSO Council members present at any meeting at which there
is a quorum shall be acts of the GNSO Council, unless otherwise
(See Section 5(2) of this Article concerning the number of votes
that GNSO Council members may cast.)
IV. The absentee ballot rule was not put in to effect due to
consultation with Legal Counsel that indicated that this was
neither a Policy Process vote nor an Election, and those are the
only two occasions where the absentee ballot is approved.
V. The Commercial and Business Users Constituency, endorsed by the
Intellectual Property Constituency and the Internet Service and
Connectivity Providers Constituency, formally requested that the
following information be included in the formal notification of the
1. Of the 21 members of Council, 7 members voted in favour.
2. Of the 6 GNSO Constituencies, only 2 voted in favour.