RE: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating Procedures: Revised Draft

["Shatan, Gregory S." <GShatan@xxxxxxxxxxxxx>]

I think the solution to this problem is to revise the language quoted below and 
keep the waiver section as is.

For example:

"1. Explanation: The Councilor submitting the motion must also submit an 
explanation for the resubmission of the motion. The explanation need not 
accompany the motion when it is resubmitted; however, the explanation must be 
submitted no later than the deadline for submitting the motion (i.e., no later 
than 23h59 Coordinated Universal Time (UTC) on the day 10 calendar days before 
the Council meeting at which the motion is to be reconsidered, unless the 
requirements for late submission in Section 3.3.2 are also met). The 
explanation does not need to meet any requirements other than being submitted 
in a timely manner."

Thoughts?

Greg

From: Amr Elsadr [mailto:aelsadr@xxxxxxxxxxx]
Sent: Tuesday, April 22, 2014 4:53 PM
To: Shatan, Gregory S.
Cc: Marika Konings; gnso-improvem-impl-sc@xxxxxxxxx
Subject: Re: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating 
Procedures: Revised Draft

Hi Greg and all,

I know I've brought this up repetitively and I hate being a nag, but there's 
still an inconvenient loophole in this text regarding resubmission of motions. 
On its meeting of March 26th, 2014, the GNSO Council approved the SCI 
recommendation to amend the GNSO Operating Procedures by adding sections 4.3.3 
and 4.3.4 detailing the guidelines of motions being resubmitted. Section 4.3.3, 
claus number 1 reads as follows:

"1. Explanation: The Councilor submitting the motion must also submit an 
explanation for the resubmission of the motion. The explanation need not 
accompany the motion when it is resubmitted; however, the explanation must be 
submitted no later than the deadline for submitting the motion (i.e., no later 
than 23h59 Coordinated Universal Time (UTC) on the day 10 calendar days before 
the Council meeting at which the motion is to be reconsidered). The explanation 
does not need to meet any requirements other than being submitted in a timely 
manner."

If the SCI determines that it would like the 10-day rule waiver to also apply 
to motions being resubmitted (and not exclusively to motions being submitted 
for the first time) in its recommendation to the Council, then there needs to 
be clarifying text to that effect. If the SCI does not recommend that the 
waiver should apply to resubmitted motions, then no further action is 
necessary. If the former is true, and not the latter, the the way I read it, 
the required clarification should either be added as a fourth bullet to 3.3.2 
referencing 4.3.3, or perhaps an added numbered item to 4.3.4 (Limitations and 
Exceptions to Resubmission of a Motion) referring to the waiver rule in 3.3.2. 
Without these changes, I can't see how the text of the operating procedures 
will support the waiver rule being applied to resubmitted motions in the event 
that the need arises.

Thanks.

Amr

On Apr 22, 2014, at 9:53 PM, Shatan, Gregory S. 
<GShatan@xxxxxxxxxxxxx<mailto:GShatan@xxxxxxxxxxxxx>> wrote:


As discussed today on the SCI call, I agree with Marika's comment below, and I 
have deleted the sentence in question.  In the attached draft, I have accepted 
all the changes from the prior draft and then deleted that sentence.  There 
were no other comments on the list or on the call.

I would suggest that this draft should be considered final (subject only to 
"accepting" the deletion of the sentence so that this is a clean document) for 
purposes of moving to the next step with this amendment to the Operating 
Procedures.

Best regards,

Greg

Gregory S. Shatan
Partner
Reed Smith LLP
599 Lexington Avenue
New York, NY 10022
212.549.0275 (Phone)
917.816.6428 (Mobile)
212.521.5450 (Fax)
gshatan@xxxxxxxxxxxxx<mailto:gshatan@xxxxxxxxxxxxx>
www.reedsmith.com<http://www.reedsmith.com/>



From: Marika Konings [mailto:marika.konings@xxxxxxxxx]
Sent: Thursday, April 17, 2014 4:34 AM
To: Shatan, Gregory S.; 
gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>
Subject: Re: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating 
Procedures: Revised Draft

Thanks, Greg. I'm still not clear to why it would say 'For the avoidance of 
doubt, if the requirements above are not met, the motion shall not be 
considered "submitted"? Why can't it be considered submitted, but just not 
eligible to be considered for a vote at the meeting? The current practice is 
also that if a motion is submitted after the deadline it may get discussed, 
just not voted on during the meeting, but there is no need to resubmit it for 
the next meeting as it is already considered submitted and automatically 
carried over. Maybe I'm missing something?

Best regards,

Marika

From: <Shatan>, "Gregory S." 
<GShatan@xxxxxxxxxxxxx<mailto:GShatan@xxxxxxxxxxxxx>>
Date: Thursday 17 April 2014 03:40
To: "gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>" 
<gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>>
Subject: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating 
Procedures: Revised Draft

All:

Following up on our last meeting, I attach a revised version of the amendment 
to the Operating Procedures dealing with "late" submission of a motion, with my 
revisions marked in "track changes."

I look forward to your comments.

Best regards,

Greg

Gregory S. Shatan
Deputy Chair | Tech Transactions Group
IP | Technology | Media
ReedSmithLLP
The business of relationships
599 Lexington Avenue
New York, NY 10022
212.549.0275 | Phone
917.816.6428 | Mobile
212.521.5450 | Fax
gshatan@xxxxxxxxxxxxx<mailto:gshatan@xxxxxxxxxxxxx>
www.reedsmith.com<http://www.reedsmith.com/>


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<Motion waiver draft language - 22 April 2014.DOC>