RE: [gnso-osc-csg] Public Comments on CSG Work Team Recommendations

[Victoria McEvedy <victoria@xxxxxxxxxx>]

For example see below, the musts are mandatory and the shoulds are not.

We can trawl back through the minutes for the very lengthy discussion we all 
had about this and determining the appropriate category for each item.

2.2.1 a. No person should serve as a Group Officer for more than four 
consecutive years. A member who has served four consecutive years must remain 
out of office for one full term prior to serving any subsequent term as a Group 
Officer. Any exception to this policy would require approval by the Group 
membership.
b. No person should serve as a Stakeholder Group Executive Committee member for 
more than four consecutive years. A member who has served four consecutive 
years must remain out of office for one full term prior to serving any 
subsequent term as a Stakeholder Group Executive Committee member. Any 
exception to this policy would require approval by the Group membership.
2.2.2 Executive Committees
a. All Executive Committees must promptly publish action points, decisions, and 
any resolutions to Group members. It is recommended that prompt publication 
means within a reasonable period and a guideline is between 72 hours and 1 week 
of the relevant meeting.
b. All Executive Committees must publish to Group members their rules and 
procedures, decision making process and criteria.
2.2.3 Committees
a. Groups should adopt


Victoria McEvedy
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McEvedys
Solicitors and Attorneys


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-----Original Message-----
From: Claudio Di Gangi [mailto:cdigangi@xxxxxxxx]
Sent: 22 July 2010 17:07
To: Victoria McEvedy; Gomes, Chuck
Cc: gnso-osc-csg; Julie Hedlund
Subject: RE: [gnso-osc-csg] Public Comments on CSG Work Team Recommendations

Victoria,

i'm not sure what you mean by mandatory and non-mandatory?

let's not complicate this with confusing legal language...

we put forward guidelines for all groups to follow...

for example, the IPC has been reviewing its bylaws to ensure any revisions 
meets the guidelines that are recommended.

in any case, the Board will ultimately review the Charters to ensure compliance 
with GNSO Improvements

claudio

________________________________________
From: owner-gnso-osc-csg@xxxxxxxxx [owner-gnso-osc-csg@xxxxxxxxx] On Behalf Of 
Victoria McEvedy [victoria@xxxxxxxxxx]
Sent: Thursday, July 22, 2010 11:51 AM
To: Gomes, Chuck
Cc: gnso-osc-csg; Julie Hedlund
Subject: RE: [gnso-osc-csg] Public Comments on CSG Work Team Recommendations

Thanks for your response Chuck. This does raise some interesting questions.

How about the following language:

RESOLVED FURTHER, that the GNSO Council approves [the CSG-WT majority 
recommendations [and/or] the minority recommendations].   GNSO Stakeholder 
Groups and Constituencies are to implement the mandatory recommendations as 
described therein and any non-mandatory recommendations adopted by their 
general body on a vote by the full membership and shall incorporate the said 
changes in their Charters and any other relevant documents, if any, and submit 
the same to the ICANN Board for its determination as to compliance with said 
recommendations:
*         Recommended Common Operating Principles and Participation Guidelines 
for GNSO Stakeholder Groups and Constituencies; and  
<http://gnso.icann.org/drafts/draft-csg-recommendations-task-27may10-en.pdf>
Recommendations on a GNSO Database of Community Members 
<http://gnso.icann.org/drafts/draft-csg-recommendations-task-27may10-en.pdf>
Best regards,



Victoria McEvedy
Principal
McEvedys
Solicitors and Attorneys
[cid:image001.jpg@01CB29BD.BB7277B0]

96 Westbourne Park Road
London
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T:    +44 (0) 207 243 6122
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From: Gomes, Chuck [mailto:cgomes@xxxxxxxxxxxx]
Sent: 22 July 2010 16:41
To: Victoria McEvedy
Cc: gnso-osc-csg; Julie Hedlund
Subject: RE: [gnso-osc-csg] Public Comments on CSG Work Team Recommendations

Please see below Victoria.

Chuck

From: Victoria McEvedy [mailto:victoria@xxxxxxxxxx]
Sent: Wednesday, July 21, 2010 8:58 AM
To: Gomes, Chuck
Cc: gnso-osc-csg; Julie Hedlund
Subject: RE: [gnso-osc-csg] Public Comments on CSG Work Team Recommendations

Chuck -if that is the case then perhaps the BGC should be tasked with 
determining compliance/enforcement instead of the GNSO Council?  It certainly 
cannot be fair to put Staff in the position of enforcers for some of the 
structural and other reasons already aired.
[Gomes, Chuck] That is not a typical Board member responsibility.  That it is 
the kind of task that Directors would assign to staff.  Compliance enforcement 
by ICANN has been a very important concern in recent years; that has mostly 
related to registrar agreements but it would seem to me to apply to 
SG/Constituency charters as well.

What models are there within ICANN for follow up and enforcement of changes and 
what routes for stakeholders to raise complaints as to compliance (other than 
the Ombudsman)?
[Gomes, Chuck] There are specific mechanisms in place for complaints about 
registrars and Whois problems, but I am not aware of one for these kind of 
complaints.  Maybe Julie can comment on that.

I do think a deadline should be given for the Charters to be amended by.
[Gomes, Chuck] That is not in the Council's hands.  It is in the Board's court.

Best,


Victoria McEvedy
Principal
McEvedys
Solicitors and Attorneys
[cid:image001.jpg@01CB29BD.BB7277B0]

96 Westbourne Park Road
London
W2 5PL

T:    +44 (0) 207 243 6122
F:    +44 (0) 207 022 1721
M:   +44 (0) 7990 625 169

www.mcevedy.eu
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From: Gomes, Chuck [mailto:cgomes@xxxxxxxxxxxx]
Sent: 21 July 2010 00:44
To: Victoria McEvedy
Subject: RE: [gnso-osc-csg] Public Comments on CSG Work Team Recommendations

Victoria,

The Council is not a governing body; it is a manager of the policy development 
process.  The Council has the task of approving the Constituency & SG Operating 
Procedures but has no responsibility to enforce them.  The Board has the 
responsibility of approving the Constituency and Stakeholder Group charters so 
it will ultimately be up to the Board, with staff support, to decide whether 
the charters appropriately reflect the Procedures as well as to enforce 
compliance of the charters.  If the motion was worded as you suggested, it 
could guarantee that certain members of the GNSO community would be up in arms.

Chuck

From: victoria@xxxxxxxxxx [mailto:victoria@xxxxxxxxxx]
Sent: Tuesday, July 20, 2010 7:19 PM
To: Gomes, Chuck
Subject: Re: [gnso-osc-csg] Public Comments on CSG Work Team Recommendations

But these are all GNSO constituencies and stakeholder groups ---so within that 
SO ---in relation to which the Council is the governing body. Please explain.

Sent from my BlackBerry(r) wireless device

________________________________
From: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
Date: Tue, 20 Jul 2010 17:35:52 -0400
To: Victoria McEvedy<victoria@xxxxxxxxxx>; Julie 
Hedlund<julie.hedlund@xxxxxxxxx>; Olga Cavalli<olgacavalli@xxxxxxxxx>
Cc: gnso-osc-csg<gnso-osc-csg@xxxxxxxxx>
Subject: RE: [gnso-osc-csg] Public Comments on CSG Work Team Recommendations

Sorry Victoria.  This will not work because the Council has no authority over 
SGs and Constituencies.

Julie - I suggested one word amendment choices that I think would work.

Chuck

From: owner-gnso-osc-csg@xxxxxxxxx [mailto:owner-gnso-osc-csg@xxxxxxxxx] On 
Behalf Of Victoria McEvedy
Sent: Tuesday, July 20, 2010 5:15 PM
To: Julie Hedlund; Olga Cavalli
Cc: gnso-osc-csg
Subject: RE: [gnso-osc-csg] Public Comments on CSG Work Team Recommendations

Julie -suggested amendment:

RESOLVED FURTHER, that the GNSO Council approves [the CSG-WT majority 
recommendations [and/or] the minority recommendations].   GNSO Stakeholder 
Groups and Constituencies are to implement mandatory recommendations and any 
non-mandatory recommendations as adopted by their general body on a vote by the 
full membership and shall incorporate the changes in Charters and any other 
relevant documents, if any, within two months of the date of this resolution. 
Compliance with this recommendation to be within the jurisdiction of and 
supervised by the GNSO Council:
*         Recommended Common Operating Principles and Participation Guidelines 
for GNSO Stakeholder Groups and Constituencies; and  
<http://gnso.icann.org/drafts/draft-csg-recommendations-task-27may10-en.pdf>
Recommendations on a GNSO Database of Community Members 
<http://gnso.icann.org/drafts/draft-csg-recommendations-task-27may10-en.pdf>



Victoria McEvedy
Principal
McEvedys
Solicitors and Attorneys
[cid:image001.jpg@01CB29BD.BB7277B0]

96 Westbourne Park Road
London
W2 5PL

T:    +44 (0) 207 243 6122
F:    +44 (0) 207 022 1721
M:   +44 (0) 7990 625 169

www.mcevedy.eu
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From: Julie Hedlund [mailto:julie.hedlund@xxxxxxxxx]
Sent: 20 July 2010 16:28
To: Victoria McEvedy; Olga Cavalli
Cc: gnso-osc-csg
Subject: Re: [gnso-osc-csg] Public Comments on CSG Work Team Recommendations

Dear Victoria,

Please do suggest language.  Staff language was merely a suggestion.

Best,

Julie


On 7/20/10 11:15 AM, "Victoria McEvedy" <victoria@xxxxxxxxxx> wrote:
Thank you Julie.

The obvious issue with that language is that it renders every single 
recommendation entirely optional and non-voluntary-and the whole exercise 
nothing more than advisory or for reference-despite the fact that after much 
discussion particular recommendations were agreed by the majority as "must" 
recommendations and the balance 'should' recommendations.

It's currently a motion for each group to carry on as these please and a 
recommendation for the status quo.  I don't think that's an acceptable outcome 
after our 18 months of work.

I would suggest that the recommendations should be accepted as the 'musts' or 
'shoulds' as recommended in each case.

I would be happy to provide some language ---or perhaps the Staff would like to 
do that in the first instance.

Best,


Victoria McEvedy
Principal
McEvedys
Solicitors and Attorneys
[cid:image001.jpg@01CB29BD.BB7277B0]

96 Westbourne Park Road
London
W2 5PL

T:    +44 (0) 207 243 6122
F:    +44 (0) 207 022 1721
M:   +44 (0) 7990 625 169

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From: Julie Hedlund [mailto:julie.hedlund@xxxxxxxxx]
Sent: 20 July 2010 16:03
To: Victoria McEvedy; Olga Cavalli
Cc: gnso-osc-csg
Subject: Re: [gnso-osc-csg] Public Comments on CSG Work Team Recommendations

Dear Victoria,

Staff included that suggested language for consideration in the motion since 
Constituencies and Stakeholder Groups may need to amend their charters based on 
the recommendations in the report.

Thanks,
Julie


On 7/20/10 10:54 AM, "Victoria McEvedy" <victoria@xxxxxxxxxx> wrote:
Dear WT,

Could someone explain what "for evaluation in amending their charters, as 
appropriate" means? What is the origin of this language?

Thank you and regards,


Victoria McEvedy
Principal
McEvedys
Solicitors and Attorneys
[cid:image001.jpg@01CB29BD.BB7277B0]

96 Westbourne Park Road
London
W2 5PL

T:    +44 (0) 207 243 6122
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From: owner-gnso-osc-csg@xxxxxxxxx [mailto:owner-gnso-osc-csg@xxxxxxxxx] On 
Behalf Of Julie Hedlund
Sent: 20 July 2010 14:54
To: Olga Cavalli
Cc: gnso-osc-csg
Subject: Re: [gnso-osc-csg] Public Comments on CSG Work Team Recommendations

Dear Olga,

Here is a draft motion for you to consider.  Please feel free to edit it, of 
course.  Let me know if I can help in any way.

Best regards,

Julie

DRAFT RESOLUTION:  Final Council Action on GCOT & CSG Deliverables

WHEREAS, the GNSO Council, at its 23 June 2010 meeting in Brussels, accepted a 
set of deliverables submitted by the GNSO Council Operations Work Team (GCOT) 
<https://st.icann.org/icann-osc/index.cgi?gnso_operations_team>  and the 
Constituency and Stakeholder Group Operations Work Team (CSG-WT) 
<https://st.icann.org/icann-osc/index.cgi?constituency_operations_team> ;

WHEREAS, a twenty-one (21) day Public Comment Forum 
<http://www.icann.org/en/public-comment/#gcot-csg-recommendations> completed 
between 28 June 2010 and 18 July 2010 and a Staff Summary and Analysis 
<http://forum.icann.org/lists/gcot-csg-recommendations/msg00001.html> has been 
published;
WHEREAS, the GNSO Council agreed to take action on the these deliverables as 
soon as possible after the end of the public comment period;

WHEREAS, there were no public comments submitted that would amend any of the 
GCOT or CSG-WT recommendations;

NOW, BE IT THEREFORE:

RESOLVED, that the GNSO Council approves the following set of GCOT documents, 
without further modification, and directs Staff to publish a new version of the 
GNSO Operating Procedures (GOP) containing these sections and chapters:
*         Section 2.1-Council Member Term Limits 
<http://gnso.icann.org/drafts/draft-gnso-op-procedures-term-limits-24may10-en.pdf>
*         Section 2.4-Board Seat Elections 
<http://gnso.icann.org/drafts/draft-gnso-op-procedures-board-seat-elections-24may10-en.pdf>
*         Section 3.8-Absences and Vacancies 
<http://gnso.icann.org/drafts/draft-gnso-op-procedures-absences-vacancies-11jun10-en.pdf>
*         Chapter 4.0-Voting 
<http://gnso.icann.org/drafts/draft-gnso-op-procedures-voting-11jun10-en.pdf>
*         Chapter 5.0-Statements and Disclosures of Interest 
<http://gnso.icann.org/drafts/draft-gnso-op-procedures-soi-doi-11jun10-en.pdf>
o   Note that two sections, 5.3.2 and 5.3.3, are not approved pending further 
Staff action to be determined.  These sections are footnoted in the document as 
"inactive" until subsequently approved by the OSC and Council.

RESOLVED FURTHER, that the GNSO Council approves the following CSG-WT 
deliverable and directs Staff to provide these recommendations to GNSO 
Stakeholder Groups and Constituencies for evaluation in amending their 
charters, as appropriate:
*         Recommended Common Operating Principles and Participation Guidelines 
for GNSO Stakeholder Groups and Constituencies; and  
<http://gnso.icann.org/drafts/draft-csg-recommendations-task-27may10-en.pdf>
Recommendations on a GNSO Database of Community Members 
<http://gnso.icann.org/drafts/draft-csg-recommendations-task-27may10-en.pdf>

RESOLVED FURTHER, that the GCOT has successfully completed its assignments, as 
chartered by the Operations Steering Committee (OSC); therefore, the GNSO 
Council hereby discharges the GCOT with its gratitude and appreciation for the 
team's dedication, commitment, and thoughtful recommendations.




On 7/19/10 4:36 PM, "Chuck Gomes" <cgomes@xxxxxxxxxxxx> wrote:
Sounds good.  Hopefully a Councilor will make the motion and another Councilor 
on the WT will second it.

Chuck


From: owner-gnso-osc-csg@xxxxxxxxx [mailto:owner-gnso-osc-csg@xxxxxxxxx] On 
Behalf Of Julie Hedlund
Sent: Monday, July 19, 2010 3:27 PM
To: Olga Cavalli
Cc: gnso-osc-csg
Subject: Re: [gnso-osc-csg] Public Comments on CSG Work Team Recommendations

Dear Olga,

I will forward the draft motion to you as soon as it is ready.  I think we can 
get it to you by tomorrow.

Best,

Julie


On 7/19/10 3:05 PM, "Olga Cavalli" <olgacavalli@xxxxxxxxx> wrote:
Thanks Julie, let me know once the  motion is ready so we can move it.
Best
Olga

2010/7/19 Julie Hedlund <julie.hedlund@xxxxxxxxx>
Dear Work Team members,

The public comment forum on the Task 1 recommendations ended yesterday.  There 
was only one comment and it was not substantive.  I have produced a summary and 
analysis that is available here: 
http://forum.icann.org/lists/gcot-csg-recommendations/msg00001.html.  In 
particular, the comment did not address the Work Team's report.  It related to 
the ICANN comment process in general.

The next step is for the GNSO Council to approve the report.  Staff will 
prepare a draft motion for consideration.

Best regards,

Julie




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