RE: [bc-gnso] Process and polling for BC Comments on DAGv4

["Mike Rodenbaugh" <icann@xxxxxxxxxxxxxx>]

This is a false emergency, and we should not be ignoring the clear
provisions of our Charter in order to address it.  Obviously, the DAGv4
comment period has been open for a long time now.  All members were advised
of the upcoming deadline at least two months ago, well before Brussels, then
again right before Brussels, then again in Brussels, then again right after
Brussels.  Ron and Sarah's draft, while appreciated, is simply late.  We
should not be devising customized machinations which contravene our Charter,
simply because the process was not followed. when there was every chance for
the process to be followed.

 

Therefore, I oppose this.  There is no "new" agreed BC position that can be
adopted in time to make a difference, and with full faith and credit to our
Charter.

 

Mike Rodenbaugh

RODENBAUGH LAW

tel/fax:  +1 (415) 738-8087

 <http://rodenbaugh.com/> http://rodenbaugh.com

 

From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of
Steve DelBianco
Sent: Tuesday, July 20, 2010 10:15 AM
To: 'bc - GNSO list'
Cc: excomm@xxxxxxxxxxxx
Subject: [bc-gnso] Process and polling for BC Comments on DAGv4

 

From: Marilyn Cade (BC Chair) and Steve DelBianco (vice chair for policy
coordination)
to:      BC members

Comments on DAGv4 are due to ICANN on 21-July.  Ron Andruff volunteered to
be BC Rapporteur and worked with Sarah Deutsch to circulate a draft on
14-July. 

For the last week, about a dozen BC members debated and exchanged alternate
drafts via email.  During that discussion,  at least 5 BC members expressed
opposition to the comment draft.  If opposition reaches 15% of paid
membership, section 7.4 in our Charter is triggered:


7.4. Approval where there is continued disagreement
Where the discussion mechanism indicates a split in the Constituency of more
than 15% of the number of members, there will then be a vote (typically by
e-mail) on the position. Only the designated representatives of members will
be eligible to vote.

A position paper which has the support of at least a simple majority of 51%
of the eligible votes in favour will be deemed adopted by the Constituency
so long as the total number of members voting represents not less than a
quorum of 50% of paid-up members. Where a quorum is not reached the
Executive Committee will decide whether a re-vote, re-thinking of the
position or publication of a minority position is required and the process
will then repeat as appropriate.
http://www.bizconst.org/charter.htm


The ability of the BC to comment on DAG 4 is important to many of the
members. 

The time line has to be modified to do follow the polling process in our
charter.

The majority of your executive committee supports giving a clean document to
members to vote/poll in a shortened time frame.

We respect that some of you may not be in agreement with the decision.
However, we see no other way to achieve a submission within a reasonable
time frame. Although it will be 2 days late, it will be within a reasonable
time frame to be considered by ICANN. 

Ron Andruff is working with a few others on a clean document that he will
distribute by 4pm EDT today.  The goal is to for this document to get as
close as we can to a consensus that all BC members can vote on.

Ron may also distribute additional section(s) that would be subject to a
separate vote.

We will then conduct a formal members poll to close by noon EDT, Friday
23-July.

We understand that this is not the best option.  But given time pressures,
and the work that has gone into this from all members, we want to ensure
that we do all we can to have as much agreement on a core submission as we
can, and that we find ways to hear the voices and concerns of all members.