Re: [gnso-improvem-impl-sc] Proposed language to address suspending a PDP

[Avri Doria <avri@xxxxxxx>]

Hi,

I bet you are right.  How could the g-council suspend something ordered by the 
Board, since they have not choice about initiating it in the first place.

I had a similar first reaction to the reasons, but since the g-council that 
approved the PDP, assuming other than a Board ordered PDP, would have to get a 
supermajority to suspend/kill, they would be attesting to the seriousness of 
that impasse or whatever.

avri

On 24 Jul 2012, at 18:06, Aikman-Scalese, Anne wrote:

> My question would be whether GNSO actually has authority to suspend a PDP 
> that has been requested by the ICANN Board and if so, what is the source of 
> that authority?  I have not checked the By-Laws as to the prior existence of 
> the GNSO's authority to terminate a PDP so I don't know the origins of the 
> authority for the addition of "or suspend".
> 
> I am also concerned that the stated reasons seem to be very accepting of the 
> notion that we will experience completely ineffective PDP processes and that 
> seems counter to the spirit of the organization.  For example, if a PDP is 
> commenced on WhoIs, how easy will it be to reach a consensus on that one?  By 
> listing these examples, do we create a sort of justification for giving up on 
> an issue that seems too difficult?
> 
> Thank you,
> Anne
> 
> <image001.gif>Anne E. Aikman-Scalese
> Of Counsel
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> From: owner-gnso-improvem-impl-sc@xxxxxxxxx 
> [mailto:owner-gnso-improvem-impl-sc@xxxxxxxxx] On Behalf Of Marika Konings
> Sent: Tuesday, July 24, 2012 1:00 AM
> To: gnso-improvem-impl-sc@xxxxxxxxx
> Subject: [gnso-improvem-impl-sc] Proposed language to address suspending a PDP
> 
> Dear All,
> 
> Following on from the last meeting, please find hereby the proposed language 
> to be added to the PDP Manual to address suspending a PDP after initiation:
> 
> The GNSO Council may terminate or suspend* a PDP prior to the publication of 
> a Final Report only for significant cause, upon a motion that passes with a 
> Supermajority Vote in favour of termination or suspension. The following are 
> illustrative examples of possible reasons for a premature termination or 
> suspension of a PDP:
> 1. Deadlock. The PDP Team is hopelessly deadlocked and unable to identify 
> recommendations or statements that have either the strong support or a 
> consensus of its members despite significant time and resources being 
> dedicated to the PDP;
> 
> 2. Changing Circumstances. Events have occurred since the initiation of the 
> PDP that have rendered the PDP moot, or no longer necessary, or warranting a 
> suspension; or
> 
> 3. Lack of Community Volunteers. Despite several calls for participation, the 
> work of the PDP Team is significantly impaired and unable to effectively 
> conclude its deliberations due to lack of volunteer participation.
> 
> * Suspension is a time interval during which there is a temporary cessation 
> of the PDP, i.e. all activities are halted upon a decision of the GNSO 
> Council until further notice.
> This would be a modification of the current language of section 15 of the PDP 
> manual (modified language in bold).
> 
> Looking forward to receiving your feedback.
> 
> With best regards,
> 
> Marika
> 
> 
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