[gnso-improvem-impl-sc] RE: Proposed Language Concerning 10-Day Waiver and Resubmitted Motions

["Aikman-Scalese, Anne" <AAikman@xxxxxxxxxx>]

Dear all,
It was agreed in our SCI conference call on Thursday June 4 that we would ask 
members for their general views on the applicability of the 10-day waiver rule 
to resubmitted motions prior to considering specific language.  We took a straw 
poll and those on the call were in favor of pursuing this clarification to the 
Operating Procedures to confirm that a resubmitted motion may benefit from the 
10 day waiver rule, provided it meets all the other requirements of that rule.  
Thus, a resubmitted motion could be considered under the waiver rule if 
submitted 24 hours prior to the Council meeting accompanied by a request for 
consideration on a waiver basis and an explanation as to why the motion should 
be reconsidered.  The 10 day waiver only applies if no Councilor objects.

At the top of our meeting in Buenos Aires, we will be discussing the proposed 
application of this rule generally.  Will those who were not on the call June 4 
please try to listen to the mp3 previously forwarded by Terri?   Then please 
provide any comments you may want to make as to the general idea to the list 
prior to Saturday June 20 for our 7:45 am meeting BA time.

I am looking forward to see all who are able to attend in Buenos Aires.  Again, 
our meeting runs from 7:45 to 8:45 am Saturady in the same room as GNSO Council 
working sessions.
Thank you and smooth travels to everyone,
Anne

[cid:image001.gif@01D0A836.A09EB3C0]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428 | (F) 520.879.4725

AAikman@xxxxxxxxxx<mailto:AAikman@xxxxxxxxxx> | 
www.LRRLaw.com<http://www.lrrlaw.com/>








From: Julie Hedlund [mailto:julie.hedlund@xxxxxxxxx]
Sent: Tuesday, June 16, 2015 12:48 PM
To: Aikman-Scalese, Anne; gnso-improvem-impl-sc@xxxxxxxxx
Subject: Proposed Language Concerning 10-Day Waiver and Resubmitted Motions
Importance: High

Dear Anne and SCI members,

As discussed on our call on 04 June, Amr and staff considered draft language 
concerning the treatment of resubmitted motions with respect to the 10-day 
waiver rule.  After reviewing the language that Amr had referenced at the 
meeting, and that had been suggested by Mary Wong last year when this issue was 
first discussed, we decided that language seemed to address the issue 
succinctly.  Here is the language [in brackets/highlighted] following the last 
two sentences of Section 3.3.2 Submission of Reports and Motions.

"If these requirements are not met, the motion shall not be considered 
submitted for the next Council meeting. For the avoidance of doubt, if the 
motion is proposed again for a subsequent Council meeting, it shall not be 
considered a resubmitted motion under the rules for Resubmission of a Motion in 
these Operating Procedures. [Resubmitted motions made pursuant to Section 4.3.3 
of these Operating Procedures after the Submission Deadline must meet these 
requirements in addition to those detailed in Section 4.3.3 in order to be 
eligible for consideration by the GNSO Council under this Section 3.3.2.]"

For your reference, I have included below the full text from Sections 3.3.2 and 
4.3.3.

The next SCI meeting will be held in Buenos Aires on Saturday, 20 June, from 
0745 to 0845 local time (1045 UTC) during which the SCI can discuss the 
proposed language.  Of course, you may also wish to send comments to the list 
prior to the meeting.

Best regards,
Julie

Julie Hedlund, Policy Director

Excerpted from the GNSO Operating Procedures, v9 (13 November 2014)
3.3.2 Submission of Reports and Motions
Reports and motions should be submitted to the GNSO Council for inclusion on 
the agenda as soon as possible, but no later than 23h59 Coordinated Universal 
Time (UTC) on the day, 10 calendar days before the GNSO Council meeting.

If a motion is submitted after the Submission Deadline, the GNSO Council shall 
consider the motion if the following requirements are met:

1.       The motion (including any report or other supporting documentation) is 
submitted to the GNSO Council at least 24 hours in advance of the GNSO Council 
meeting;

2.       The motion is accompanied by a request to consider the motion despite 
submission after the Submission Deadline (a “Request for Consideration”);

3.       A vote on the Request for Consideration shall be called as the first 
order of business for the agenda item that deals with the motion. The vote on 
the Request for Consideration must be unanimous (i.e., all Councilors or their 
proxies must vote and all votes cast must be in favor of considering the motion 
at such GNSO Council meeting) for the motion to be considered at such GNSO 
Council meeting.
If these requirements are not met, the motion shall not be considered submitted 
for the next Council meeting. For the avoidance of doubt, if the motion is 
proposed again for a subsequent Council meeting, it shall not be considered a 
resubmitted motion under the rules for Resubmission of a Motion in these 
Operating Procedures.

4.3.3    Resubmission of a Motion: If a motion has been voted on by the GNSO 
Council and not adopted, that motion may be resubmitted to the Council for 
consideration at a subsequent meeting of the Council, subject to the following 
criteria:
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.
Publication: The text and explanation of the resubmitted motion must be 
published (i.e., circulated to the Council mailing list) no later than the 
deadline for submitting the motion.
Second:  Upon the second resubmission of a motion (i.e., the third time the 
same motion comes before the Council), the motion must be seconded by a 
Councilor from each house as a prerequisite for placing the resubmitted motion 
on the consent agenda.

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