Re: [gnso-improvem-impl-sc] FOR REVIEW(2): Chair/Vice-Chair Procedures

[Karel Douglas <douglaskarel@xxxxxxxxx>]

Dear All,

I like Amr suggested language re: *“Should the vacant House fail to appoint
an interim Vice-Chair within the allotted time period... elected.”*

On another related noted re:

*"...the Designated Interim Vice Chairs will co-chair the Chair election
and conduct Council business until such time as a Chair is conclusively
elected"*

What happens where there is to be 2 Vice Chairs appointed ( as envisioned
as per scenario 2 and 3) but only one (1) Vice Chair is appointed because
one of the House's has delayed in appointing its interim Vice Chair.

In such a case does the *sole* Interim Vice-chair ( who was appointed) have
the authority to *conduct Council busines *in the absence of the other
Vice-Chair?
In other words where the language of the section provides for 2 interim
Vice Chairs but only one has been appointed does that one have any
authority to make decisions especially where there is urgent council
business to be addressed. His/Her decisions may be challenged on
jurisdiction ( being ultra vires the By-laws) as there was no valid quorum
until the 2 Interim Vice Chairs are appointed.

Just some 'Food for Thought'.

regards

Karel DOUGLAS

On Fri, May 20, 2016 at 2:33 PM, Julie Hedlund <julie.hedlund@xxxxxxxxx>
wrote:

> Dear SCI members,
>
>
>
> Mary and I have a minor suggested change for your consideration: For the
> sentences in sections 2.2.1(1) and 2.2.1(2) instead of “the vacant House”
> we suggest that it might be more clear to say, “the House with the vacant
> Vice-Chair position”.
>
>
>
> Kind regards,
>
> Julie
>
>
>
> Julie Hedlund, Policy Director
>
>
>
> *From: *<owner-gnso-improvem-impl-sc@xxxxxxxxx> on behalf of Julie
> Hedlund <julie.hedlund@xxxxxxxxx>
> *Date: *Friday, May 20, 2016 at 9:42 AM
> *To: *"gnso-improvem-impl-sc@xxxxxxxxx" <gnso-improvem-impl-sc@xxxxxxxxx>
> *Subject: *[gnso-improvem-impl-sc] FOR REVIEW(2): Chair/Vice-Chair
> Procedures
>
>
>
> Dear SCI members,
>
>
>
> Please see the attached second revision of the Chair/Vice Chair Procedures
> for your review based on the discussion during yesterday’s SCI call.  Per
> the actions items from the call the second revision contains the following
> changes:
>
>
>
> 1.      Revised the following sentence in sections 2.2.1(1) and 2.2.1(2)
> to include the bracketed text: “The deadline for the vacant House to
> designate its Interim Vice Chair is [no later than 23h59 Coordinate
> Universal Time (UTC)] 14 calendar days following the Council meeting at
> which no Chair was conclusively elected.”
>
> 2.      Change the title of the table to “Chair Election Timeline” and
> include the suggested changes from Wolf-Ulrich in the table as follows: The
> date for the NomCom selectees announcement should also apply for the
> announcement of new councilors sent by the SGs/Cs.  Changed the title of
> the third column to “time available”, and changed the time available for
> candidates to submit statements to 12 days.
>
>
>
> Please send any comments or edits to the list and we will hope to finalize
> these procedures by the next SCI call on 02 June.
>
>
>
> Kind regards,
>
> Julie
>
>
>
> Julie Hedlund, Policy Director
>
>
>
> *From: *<owner-gnso-improvem-impl-sc@xxxxxxxxx> on behalf of Julie
> Hedlund <julie.hedlund@xxxxxxxxx>
> *Date: *Friday, May 20, 2016 at 9:12 AM
> *To: *WUKnoben <wolf-ulrich.knoben@xxxxxxxxxxx>, "
> gnso-improvem-impl-sc@xxxxxxxxx" <gnso-improvem-impl-sc@xxxxxxxxx>
> *Subject: *Re: [gnso-improvem-impl-sc] FOR REVIEW: Chair Vice-Chair
> Procedures
>
>
>
> Dear Wolf-Ulrich,
>
>
>
> Thank you very much for your helpful edits.  I’ll include them in the
> revised version of the document that I will send out later today.
>
>
>
> Kind regards,
>
> Julie
>
>
>
> Julie Hedlund, Policy Director
>
>
>
> *From: *<owner-gnso-improvem-impl-sc@xxxxxxxxx> on behalf of WUKnoben <
> wolf-ulrich.knoben@xxxxxxxxxxx>
> *Reply-To: *WUKnoben <wolf-ulrich.knoben@xxxxxxxxxxx>
> *Date: *Thursday, May 19, 2016 at 5:27 PM
> *To: *Julie Hedlund <julie.hedlund@xxxxxxxxx>, "
> gnso-improvem-impl-sc@xxxxxxxxx" <gnso-improvem-impl-sc@xxxxxxxxx>
> *Subject: *Re: [gnso-improvem-impl-sc] FOR REVIEW: Chair Vice-Chair
> Procedures
>
>
>
> All,
>
>
>
> following the SCI call I’ve slightly revised the election table (see
> attached). I think the date for the NomCom selectees announcement should
> also apply for the announcement of new councillors sent by the SGs/Cs.
>
>
> Best regards
>
> Wolf-Ulrich
>
>
>
> *From:* Julie Hedlund <julie.hedlund@xxxxxxxxx>
>
> *Sent:* Monday, May 16, 2016 6:47 PM
>
> *To:* gnso-improvem-impl-sc@xxxxxxxxx
>
> *Subject:* [gnso-improvem-impl-sc] FOR REVIEW: Chair Vice-Chair Procedures
>
>
>
> 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:*
>
>    1. 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.
>    2. SCI members will review the revision on the list and finalize it no
>    later than at the 19 May meeting.
>    3. Staff will submit the final revision for a Consensus Call for two
>    weeks (19 May to 02 June).
>    4. 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
>
>
>