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

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

In my opinion, this is overreaching.  The Council has the responsibility
to approve the recommendations as approved by the OSC for
implementation.  The Council does not have a management role over
constituencies and SGs and any attempt to assume such a role would be
strongly opposed at the Council level and probably by the OSC as well.

 

Chuck

 

From: Victoria McEvedy [mailto: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.p
df> 
Recommendations on a GNSO Database of Community Members <
http://gnso.icann.org/drafts/draft-csg-recommendations-task-27may10-en.p
df>  

Best regards, 

 

 

 

Victoria McEvedy

Principal 

McEvedys

Solicitors and Attorneys 

 

 

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: 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 



 

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  

Regulated by the Solicitors Regulation Authority #465972

This email and its attachments are confidential and intended for the
exclusive use of the addressee(s).  This email and its attachments may
also be legally privileged. If you have received this in error, please
let us know by reply immediately and destroy the email and its
attachments without reading, copying or forwarding the contents.

This email does not create a solicitor-client relationship and no
retainer is created by this email communication. 

 

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.p
df> 
Recommendations on a GNSO Database of Community Members <
http://gnso.icann.org/drafts/draft-csg-recommendations-task-27may10-en.p
df>  

 

 

 

Victoria McEvedy

Principal 

McEvedys

Solicitors and Attorneys 



 

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  

Regulated by the Solicitors Regulation Authority #465972

This email and its attachments are confidential and intended for the
exclusive use of the addressee(s).  This email and its attachments may
also be legally privileged. If you have received this in error, please
let us know by reply immediately and destroy the email and its
attachments without reading, copying or forwarding the contents.

This email does not create a solicitor-client relationship and no
retainer is created by this email communication. 

 

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 


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 
Regulated by the Solicitors Regulation Authority #465972
This email and its attachments are confidential and intended for the
exclusive use of the addressee(s).  This email and its attachments may
also be legally privileged. If you have received this in error, please
let us know by reply immediately and destroy the email and its
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This email does not create a solicitor-client relationship and no
retainer is created by this email communication. 


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 


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 
Regulated by the Solicitors Regulation Authority #465972
This email and its attachments are confidential and intended for the
exclusive use of the addressee(s).  This email and its attachments may
also be legally privileged. If you have received this in error, please
let us know by reply immediately and destroy the email and its
attachments without reading, copying or forwarding the contents.
This email does not create a solicitor-client relationship and no
retainer is created by this email communication. 


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-24may1
0-en.pdf>  
*         Section 2.4-Board Seat Elections <
http://gnso.icann.org/drafts/draft-gnso-op-procedures-board-seat-electio
ns-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.p
df> 
Recommendations on a GNSO Database of Community Members <
http://gnso.icann.org/drafts/draft-csg-recommendations-task-27may10-en.p
df>  

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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