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

[Amr Elsadr <aelsadr@xxxxxxxxxxx>]

Hi Karel,

My understanding of the scenarios right now is pretty much consistent with what 
you described. In scenarios 2 and 3, only one interim VC is required for 
Council business to proceed. What we’ve been trying to avoid is Council 
business being held up because of a delay in appointment of an interim VC.

In scenario 3, another possibility may be that both Houses fail to appoint an 
interim VC within the designated time, which would (again…, in order to avoid 
delays) result in a progression to scenario 4.

I’m not exactly certain I understand your concerns are regarding having only 
one present interim VC. Maybe you could clarify this? However, the only quorum 
I am familiar with is during Council meetings directly affecting the Council’s 
ability to vote on a topic. It is defined in section 4.1 of the GNSO Operating 
Procedures as:

> In order for the GNSO Council to initiate a vote, a quorum must be present. A 
> quorum is a majority of voting members in each House, which must include at 
> least one member of each Stakeholder Group. 


Thanks.

Amr 

> On May 21, 2016, at 12:11 AM, Karel Douglas <douglaskarel@xxxxxxxxx> wrote:
> 
> 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 
> <mailto: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 
> <mailto:owner-gnso-improvem-impl-sc@xxxxxxxxx>> on behalf of Julie Hedlund 
> <julie.hedlund@xxxxxxxxx <mailto:julie.hedlund@xxxxxxxxx>>
> Date: Friday, May 20, 2016 at 9:42 AM
> 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] 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 
> <mailto:owner-gnso-improvem-impl-sc@xxxxxxxxx>> on behalf of Julie Hedlund 
> <julie.hedlund@xxxxxxxxx <mailto:julie.hedlund@xxxxxxxxx>>
> Date: Friday, May 20, 2016 at 9:12 AM
> To: WUKnoben <wolf-ulrich.knoben@xxxxxxxxxxx 
> <mailto:wolf-ulrich.knoben@xxxxxxxxxxx>>, "gnso-improvem-impl-sc@xxxxxxxxx 
> <mailto:gnso-improvem-impl-sc@xxxxxxxxx>" <gnso-improvem-impl-sc@xxxxxxxxx 
> <mailto: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 
> <mailto:owner-gnso-improvem-impl-sc@xxxxxxxxx>> on behalf of WUKnoben 
> <wolf-ulrich.knoben@xxxxxxxxxxx <mailto:wolf-ulrich.knoben@xxxxxxxxxxx>>
> Reply-To: WUKnoben <wolf-ulrich.knoben@xxxxxxxxxxx 
> <mailto:wolf-ulrich.knoben@xxxxxxxxxxx>>
> Date: Thursday, May 19, 2016 at 5:27 PM
> To: Julie Hedlund <julie.hedlund@xxxxxxxxx <mailto:julie.hedlund@xxxxxxxxx>>, 
> "gnso-improvem-impl-sc@xxxxxxxxx <mailto:gnso-improvem-impl-sc@xxxxxxxxx>" 
> <gnso-improvem-impl-sc@xxxxxxxxx <mailto: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 <mailto:julie.hedlund@xxxxxxxxx>
> Sent: Monday, May 16, 2016 6:47 PM
> 
> To: gnso-improvem-impl-sc@xxxxxxxxx <mailto: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 
> <mailto:owner-gnso-improvem-impl-sc@xxxxxxxxx>> on behalf of Julie Hedlund 
> <julie.hedlund@xxxxxxxxx <mailto:julie.hedlund@xxxxxxxxx>>
> Date: Monday, May 9, 2016 at 10:59 AM
> To: Amr Elsadr <aelsadr@xxxxxxxxxxx <mailto:aelsadr@xxxxxxxxxxx>>
> Cc: "gnso-improvem-impl-sc@xxxxxxxxx 
> <mailto:gnso-improvem-impl-sc@xxxxxxxxx>" <gnso-improvem-impl-sc@xxxxxxxxx 
> <mailto: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 <mailto:aelsadr@xxxxxxxxxxx>>
> Date: Sunday, May 8, 2016 at 11:26 AM
> To: Julie Hedlund <julie.hedlund@xxxxxxxxx <mailto:julie.hedlund@xxxxxxxxx>>
> Cc: "gnso-improvem-impl-sc@xxxxxxxxx 
> <mailto:gnso-improvem-impl-sc@xxxxxxxxx>" <gnso-improvem-impl-sc@xxxxxxxxx 
> <mailto: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 
> <mailto: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
> 
>  
> 
>