[gnso-improvem-impl-sc] Re: Actions: SCI Meeting 05 May 2016

[Julie Hedlund <julie.hedlund@xxxxxxxxx>]

Hi Anne,

Thanks for your helpful question.  That is correct: until the revised Operating 
Procedures are published the GNSO Council must follow the most recent published 
draft.  That is why in its motion to adopt revised procedures the Council 
always directs staff to post the revised version of the Operating Procedures as 
soon as possible following the approval of the motion.  Generally staff then 
publishes the revised Procedures fairly quickly, usually in a few days (if 
there are no other dependencies, such as changes to Bylaws).  

If the GNSO Council followed this procedure with the revised Operating 
Procedures relating to motions and amendments, it would expect staff to quickly 
publish a new version of the Operating Procedures.  Then if in another month or 
so the Chair/Vice Chair procedures were approved there would quickly follow 
another version of the Operating Procedures.  It could get a bit confusing for 
the community to have versions coming out in relative quick succession, which 
is why changes to the Operating Procedures have generally been grouped both for 
purposes of having one public comment period, but also to have as many changes 
as possible appear in the revised version of the Operating Procedures.

I hope this is helpful and thanks again for your question.

Have a nice weekend!

Kind regards,
Julie

From:  "Aikman-Scalese, Anne" <AAikman@xxxxxxxx>
Date:  Thursday, May 5, 2016 at 7:52 PM
To:  Julie Hedlund <julie.hedlund@xxxxxxxxx>, "gnso-improvem-impl-sc@xxxxxxxxx" 
<gnso-improvem-impl-sc@xxxxxxxxx>
Cc:  "Rudi Vansnick (rudi.vansnick@xxxxxxx)" <rudi.vansnick@xxxxxxx>
Subject:  RE: Actions: SCI Meeting 05 May 2016

Thank you Julie.  Regarding the question whether to go ahead and put the 
amendments to motions language out for public comment so as to finalize before 
Helsinki, did you say that if Council adopts a new Operating Procedure, they 
cannot implement it until the Operating Procedure manual is reissued?  Could 
they formally adopt the Procedure for amendments to motions in Helsinki but 
then not have the OP reissued until we resolve the Chair election issues?

 

It just seems that if adoption of the Procedure for amendments to motions 
clarifies Council business (and particularly since we have been working on that 
for months since the issues arose again in Argentina) that it would be better 
to get that out for public comment and put it to bed in Helsinki.  However, if 
Council cannot follow a procedure after adopting it until it appears in a new 
published version of the Operating Procedures, then that may be a different 
consideration.

 

I note that this whole question may become moot if not decided until our next 
call May 19.  The reason is that 40 days from May 19 goes well into the 
Helsinki meeting.

 

Thank you,

Anne

 

Anne E. Aikman-Scalese
Of Counsel
520.629.4428 office
520.879.4725 fax
AAikman@xxxxxxxx
_____________________________
Lewis Roca Rothgerber Christie LLP
One South Church Avenue, Suite 700
Tucson, Arizona 85701-1611
lrrc.com
 

From: owner-gnso-improvem-impl-sc@xxxxxxxxx 
[mailto:owner-gnso-improvem-impl-sc@xxxxxxxxx] On Behalf Of Julie Hedlund
Sent: Thursday, May 05, 2016 2:19 PM
To: gnso-improvem-impl-sc@xxxxxxxxx
Subject: [gnso-improvem-impl-sc] Actions: SCI Meeting 05 May 2016

 

Dear SCI members,

 

Please see below the actions captured from the SCI meeting held on 05 May.  
Please let us know if you have any questions or comments.  The GNSO Secretariat 
also will send a notice for a call in two weeks on Thursday, 19 May at the 
usual time of 1800 UTC.

 

Kind regards,

Julie

 

Julie Hedlund, Policy Director

 

Actions from 05 May SCI Meeting:

 

ACTION ITEMS:

 

Chair/Vice Chair Elections: 
Staff will produce a revision of Section 2.2 of the GNSO Operating Procedures 
(Officer Elections: Chair/Vice-Chair Elections) based on the final proposed 
language below.  
SCI members will review the revision on the list and finalize it no later than 
at the 19 May meeting.  
Staff will submit the final revision for a Consensus Call for two weeks (19 May 
to 02 June).  
Once the Consensus Call is completed Amr Elsadr, as the SCI Liaison to the GNSO 
Council, will send an update to the Council on its list for possible discussion 
in Helsinki.
Discussion re: Public Comment on Proposed Revisions:

 

SCI members should review and discuss on the list whether to initiate a 40-day 
public comment period only on the revisions to the GNSO Operating Procedures 
relating to motions and amendments, but to wait to submit a complete set of 
revisions for GNSO Council approval once a separate 40-day public comment 
process on revisions relating to Chair/Vice Chair elections is completed.  
Staff notes that until the revised version of the GNSO Operating Procedures is 
published, the GNSO Council will follow their current informal process relating 
to motions and amendments.  The only change from the current process in the 
revision to the Operating Procedures is that discussion and voting on the 
motion at the Council meeting cannot proceed without a second (current informal 
process allows for discussion, but not voting, on a motion without a second).

 

Chair/Vice Chair Elections Final Proposed Language:

 

ISSUE 1: Must the GNSO Chair be a continuing (not new/incoming) Councilor? 
Should new/incoming Councilors be eligible to stand for election?

See Section 2.2(b), which provides that a candidate for GNSO Chair “does not 
need to be a member of a house, but must be a member of the GNSO Council.” With 
the ICANN Bylaws prescribing that a Council member’s term begins and ends at 
the conclusion of an ICANN annual general meeting, Section 2.2(b) as phrased 
would seem to limit candidates for the Chair to only incumbent, continuing 
Council members.

Final Proposed Language: "A candidate for GNSO Council Chair does not need to 
be a member of a house, but must be a [continuing or incoming] member of the 
GNSO Council."  (Change to the GNSO Operating Procedures in brackets.)

 

ISSUE 2: Scenarios relating to the gap to be addressed when the Vice Chairs' 
terms end at the same time as that of the Chair, and no Chair is conclusively 
elected by that time.

 

SCENARIO 1: A new GNSO Council Chair is not elected, but both Vice Chairs are 
continuing on the Council.

Final Proposed Language: “In the case where no Chair is conclusively elected, 
the two Vice Chairs shall jointly oversee the Chair election and conduct 
Council business until such time as a new Chair is elected.”
 

SCENARIO 2: A new GNSO Council Chair is not elected, but one Vice Chair is 
continuing on the Council, while the other Vice Chair’s term on the Council is 
ending. 

Final Proposed Language: “In the case where one of Vice-Chair's terms on the 
Council ends at the same time as the Chair, and no Chair is conclusively 
elected, the House with a vacant Vice-Chair position shall designate an Interim 
Vice Chair from within this House to join the continuing Vice Chair to oversee 
the Chair election and conduct Council business.  The deadline for the vacant 
House to designate its Interim Vice Chair is 14 calendar days following the 
Council meeting at which no Chair was conclusively elected."

 

SCENARIO 3: A new GNSO Council Chair is not elected in the first round, and 
neither of the two Vice Chairs is continuing on the Council. 

Final Proposed Language: “In the case where both Vice-Chairs’ terms on the 
Council end at the same time as the Chair, and no Chair is conclusively 
elected, this procedure would apply: Each House should designate a new or 
continuing Councilor from within its respective House, to temporarily fill the 
role of Vice Chair on an interim basis, not as an elected Vice Chair. The 
deadline for each House to designate its Interim Vice Chair is 14 calendar days 
following the Council meeting at which no Chair was conclusively elected. The 
Designated Interim Vice Chairs will co-chair the Chair election and conduct 
Council business until such time as a Chair is conclusively elected. Once the 
election is completed their service in those roles would end. Candidates for 
Chair will not be eligible to serve as Designated Interim Vice Chairs, to avoid 
potential conflicts of interest. However, Interim Vice Chairs are not 
prohibited from being appointed as continuing Vice Chairs by their respective 
Houses following a successful Chair election."

 

SCENARIO 4: A new GNSO Council Chair is not elected, neither of the two Vice 
Chairs is continuing on the Council, and the Houses do not designate Interim 
Vice Chairs. 

Final Proposed Language: “If both Houses should fail to temporarily fill the 
role of Vice Chair on an interim basis, the non-voting NCA will be designated 
Interim Chair to oversee the election and conduct Council business until such 
time as a Chair is conclusively elected. The deadline for each House to 
designate its Interim Vice Chair is 14 calendar days following the Council 
meeting at which no Chair was conclusively elected."

 


This message and any attachments are intended only for the use of the 
individual or entity to which they are addressed. If the reader of this message 
or an attachment is not the intended recipient or the employee or agent 
responsible for delivering the message or attachment to the intended recipient 
you are hereby notified that any dissemination, distribution or copying of this 
message or any attachment is strictly prohibited. If you have received this 
communication in error, please notify us immediately by replying to the sender. 
The information transmitted in this message and any attachments may be 
privileged, is intended only for the personal and confidential use of the 
intended recipients, and is covered by the Electronic Communications Privacy 
Act, 18 U.S.C. §2510-2521.

Attachment: smime.p7s
Description: S/MIME cryptographic signature