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

[Karel Douglas <douglaskarel@xxxxxxxxx>]

All,

I'm terribly sorry to have missed the conf call on the 2nd June where this
was issue was extensively discussed. Thanks Anne for bringing it up.

I would have liked to have shared my views with the group. Nonetheless, I
do like the suggested language proposed and do look forward to reading the
amendments. I will hopefully add my 2 cents worth at the next the meeting.

regards

Karel

On Wed, Jun 1, 2016 at 7:20 PM, Karel Douglas <douglaskarel@xxxxxxxxx>
wrote:

> Thanks Anne,
>
> I agree with you.
>
> Karel
>
> On Wed, Jun 1, 2016 at 7:05 PM, Aikman-Scalese, Anne <AAikman@xxxxxxxx>
> wrote:
>
>> Thanks to all for the discussion and to staff as well for helpful
>> changes.  Thanks also to Wolf-Ulrich in relation to timetable edits.
>> Regarding the question of whether a single Vice Chair can conduct business
>> of Council and conduct meetings, I question whether that can be done when
>> we are waiting for one House to appoint its vacant Vice Chair seat while
>> the other House has already appointed and yet the 14 day deadline has not
>> yet passed.  I don’t think there should be a race to appoint Vice Chairs
>> by either House, although of course this should be done as soon as possible
>> but sometimes it takes time to agree, especially in the NCPH I think.
>>
>>
>>
>> I assume Rudi will be conducting the June 2 call.
>>
>> 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 *Karel Douglas
>> *Sent:* Monday, May 23, 2016 10:48 AM
>> *To:* Amr Elsadr
>> *Cc:* Julie Hedlund; gnso-improvem-impl-sc@xxxxxxxxx
>> *Subject:* Re: [gnso-improvem-impl-sc] FOR REVIEW(2): Chair/Vice-Chair
>> Procedures
>>
>>
>>
>> Thanks Amr,
>>
>>
>>
>> Your reply is greatly appreciated. Sorry about the ambiguity.  I was
>> looking at the By-laws, etc and trying to get a better feel of the task
>> at hand.
>>
>>
>>
>> I may have over-read the rules and hence my curiosity was peaked .
>>
>>
>>
>> I was looking for the role / functions of "Vice-Chairman" etc. Some
>> By-laws specifically state the functions of the Chairman and
>> Vice-Chairman and then indicate when they can act etc.
>>
>>
>>
>> My question was a bit academic - Where only one Vice-Chairman  (interim
>> or otherwise) has been appointed does that  Vice-Chairman have 'legal
>> capacity' to conduct council business where the By-law specifically
>> states that there should be 2 Vice Chairs appointed. Thus there is not
>> a properly constituted body. This is despite the fact that I understand
>> that one (1) VC can conduct council business.
>>
>>
>>
>> Thanks again and sorry about the distraction from your good work on the
>> above sections.
>>
>>
>>
>>
>>
>> Regards
>>
>>
>>
>> Karel
>>
>>
>>
>> On Mon, May 23, 2016 at 8:48 AM, Amr Elsadr <aelsadr@xxxxxxxxxxx> wrote:
>>
>> Hi,
>>
>>
>>
>> This sounds better to me. I had also considered suggesting this change
>> when I introduced the bracketed text, but didn’t want to confuse anyone,
>> and figured using consistent language at the time was clearer (since “the
>> vacant House” was already in the text at the time).
>>
>>
>>
>> Thanks.
>>
>>
>>
>> Amr
>>
>>
>>
>> On May 20, 2016, at 8:33 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
>>
>>
>>
>>
>>
>>
>>
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>
>