Re: [gnso-improvem-impl-sc] FOR REVIEW: Chair Vice-Chair Procedures

[Renata Aquino Ribeiro <raquino@xxxxxxxxx>]

Dear all

Thanks for this document.
I`d also like to express support on the language changes suggested by
Amr el Sadr.
Looking forward for the meeting in 2 days.

Best,

Renata


On Mon, May 16, 2016 at 1:47 PM, Julie Hedlund <julie.hedlund@xxxxxxxxx> wrote:
> Dear SCI members,
>
>
>
> Per the action items below from our meeting on 05 May, Mary and I have
> drafted the attached revised procedures on Chair/Vice-Chair Elections that
> are proposed to be included in Section 2.2 of the GNSO Operating Procedures.
> Many thanks to Amr for his suggestion below concerning additional language,
> which we have included in brackets.
>
>
>
> Please provide any comments on the list, and we can also discuss the
> proposed language during the SCI call on Thursday, 19 May, at our usual time
> of 1800 UTC.
>
>
>
> Kind regards,
>
> Julie
>
>
>
> Julie Hedlund, Policy Director
>
>
>
> From: <owner-gnso-improvem-impl-sc@xxxxxxxxx> on behalf of Julie Hedlund
> <julie.hedlund@xxxxxxxxx>
> Date: Monday, May 9, 2016 at 10:59 AM
> To: Amr Elsadr <aelsadr@xxxxxxxxxxx>
> Cc: "gnso-improvem-impl-sc@xxxxxxxxx" <gnso-improvem-impl-sc@xxxxxxxxx>
> Subject: Re: [gnso-improvem-impl-sc] Actions: SCI Meeting 05 May 2016
>
>
>
> Hi Amr,
>
>
>
> Thank you for your helpful comments and the suggested language for Scenarios
> 2 and 3.  When staff send around the revised Operating Procedures with the
> Section 2.2 new language, we’ll include your suggestion in brackets.
>
>
>
> Kind regards,
>
> Julie
>
>
>
> Julie Hedlund, Policy Director
>
>
>
> From: Amr Elsadr <aelsadr@xxxxxxxxxxx>
> Date: Sunday, May 8, 2016 at 11:26 AM
> To: Julie Hedlund <julie.hedlund@xxxxxxxxx>
> Cc: "gnso-improvem-impl-sc@xxxxxxxxx" <gnso-improvem-impl-sc@xxxxxxxxx>
> Subject: Re: [gnso-improvem-impl-sc] Actions: SCI Meeting 05 May 2016
>
>
>
> Hi,
>
>
>
> On May 5, 2016, at 11:18 PM, Julie Hedlund <julie.hedlund@xxxxxxxxx> wrote:
>
>
>
> [SNIP]
>
>
>
> 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.
>
> These all seem good to me, but I have a suggestion for some additional
> language that I will explain below. I don’t know if this should be included
> in the section 2.2 revision, or not.
>
>
>
> 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).
>
>
>
> I agree with the explanation of where things currently stand here, so see no
> urgency in producing an earlier and separate public comment period for the
> changes that the SCI is recommending to guidelines on motions/amendments. If
> the SCI had recommended changes to the current informal practice, then there
> might have been a reason to try to get this done more quickly. However,
> since the SCI hasn’t suggested any significant changes, delaying this in
> order to package it with the Council elections topic shouldn’t have any
> impact on Council business.
>
>
>
> 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.”
>
>
>
> I’m wondering if this language may seem ambiguous to some readers, or
> possibly even lead to a misunderstanding in the future. One could possibly
> interpret it to mean that if the house that needs to appoint an interim
> vice-chair fails to do so within 14 days, then the process would be required
> to proceed to scenario 3…, or more likely scenario 4. I wonder if it would
> be helpful to add a sentence at the end like this: “Should the vacant House
> fail to appoint an interim Vice-Chair within the allotted time period, the
> continuing Vice-Chair from the other House will serve as an Interim
> Vice-Chair alone until a Council Chair is 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.”
>
>
>
> Again, we may need the language to be specific on that one House appointing
> an interim vice-chair is enough not to proceed to scenario 4.
>
>
>
> 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."
>
>
>
> Lets hope it never comes to this!! :)
>
>
>
> Thanks.
>
>
>
> Amr
>
>