[gnso-osc-ops] Re: GCOT Documents: Voting, Term Limits, and Absences

["Ken Bour" <ken.bour@xxxxxxxxxxx>]

Avri & GCOT Members:

I have to agree with you in part.  I erred in using the word "must" in my
hypothetical example.  I did not mean to imply that this type of abstention
would be "obligatory."   I should have written, "I cannot attend and,
because there is no standard option to vote using alternative means, I elect
(volitional) to abstain so that my SG/C will not lose its opportunity to
vote on the matter at issue."  Once the abstention is announced, per Section
4.5, the SG/C would then have the ability to exercise a remedy, e.g. Proxy
or Temporary Alternate (Voting Direction will not apply in this instance). 

It still seems less administratively complex to permit absentee voting --
perhaps with a shorter time allowance -- than engendering a new class of
abstentions caused by incidental absence. 

Ken Bour

-----Original Message-----
From: owner-gnso-osc-ops@xxxxxxxxx [mailto:owner-gnso-osc-ops@xxxxxxxxx] On
Behalf Of Avri Doria
Sent: Saturday, March 27, 2010 10:53 AM
To: gnso-osc-ops
Subject: [gnso-osc-ops] Re: GCOT Documents: Voting, Term Limits, and
Absences


hi,

> "I cannot attend and am not allowed
> to vote using alternative means, therefore, I must abstain." 

i do not see the logic of this at all.  how could this possibly be an
obligatory abstention?  if it is, then our definitons are too loose and need
to be reviewed.

I think that a preferable solution would be one of the other alternatives -
some form of the proxy.  or rather get to the meeting if you want to have a
vote with rare exception for really important matter like initiating a PDP
or electing someone chair.

if we feel that 100% is required for all votes, then i am almost included to
say meetings are for discussion only, but all votes will be offline.  

a.




On 27 Mar 2010, at 01:17, Ken Bour wrote:

> Avri and GCOT Members:
> 
> Avri raised a point of view I had not previously considered.  
> 
> Given the GCOT's strong preference to never change the voting 
> denominator, it strikes me that making absentee voting a "rarity" will 
> only increase the need for abstention remedies, that is, "I cannot 
> attend and am not allowed to vote using alternative means, therefore, 
> I must abstain."  Given what the team has recommended in GOP Section 
> 4.5, an abstention would be the next best option, which would call into
play a remedy (e.g. voting direction,
> proxy, or temporary alternate).   
> 
> I do understand Arvi's concern about delaying Council action, but will 
> it be preferable to incur an abstention remedy vs. an absentee ballot 
> for every occurrence of incidental absence?
> 
> Although meeting attendance is always preferred, I initially thought 
> that absentee voting should be allowed whenever a Councilor could not 
> be present at a regular session, but was otherwise able to vote in a 
> timely manner -- thus avoiding the need for an abstention.  If timing 
> is at issue, we could shrink down the absentee ballot duration from 72 
> hours to as little as 24 except for those "important" votes when it is 
> critical have all opinions registered.
> 
> Ken Bour
> 
> -----Original Message-----
> From: owner-gnso-osc-ops@xxxxxxxxx 
> [mailto:owner-gnso-osc-ops@xxxxxxxxx] On Behalf Of Avri Doria
> Sent: Friday, March 26, 2010 8:55 PM
> To: gnso-osc-ops
> Subject: Re: [gnso-osc-ops] GCOT Documents: Voting, Term Limits, and 
> Absences
> 
> Hi,
> 
> I tend to prefer absentee voting as a rarity.  Something done on only 
> the most important votes.  If not, it means no vote will ever be 
> completed in a council meeting as there is rarely ever a meeting that 
> everyone attends.  i think this is  a bad result and slows down a slow
council even further.
> 
> so I do not support the option listed below.
> 
> a.
> 
> On 26 Mar 2010, at 16:30, Ken Bour wrote:
> 
>> Wolf-Ulrich, Ken, and GCOT Members:
>> 
>> I think I understand the objection raised by Wolf and seconded by Ken.
> Based upon feedback that I received from other Council Members, there 
> may be circumstances when absentee voting is not appropriate and we might
want to
> provide an option to handle such conditions -- even if rare.   Suppose we
> try restructuring the language so that the default condition is that 
> absentee voting is allowed exceptin a rare circumstance, which would 
> then require the agreement of the Chair and all Vice-Chairs present.  
> See new version of 4.4.1 below (the others are presented for context).
>> 
>> 4.4.1  Council Members who are absent from a meeting at the time of a 
>> vote
> will be extended the opportunity to cast a ballot using alternative 
> means (see 4.4.3) except in a rare circumstance when its use is deemed
> inappropriate.   If such an inappropriate circumstance arises, the
rationale
> for suspending absentee balloting must be announced in advance of the 
> vote by the Chair and any decision to suspend requires verbal 
> confirmation by all Vice-Chairs present.  In such a circumstance(s), 
> and only for the affected vote(s), absentee voting will be temporarily
disallowed.
>> 
>> 4.4.2  Absentee votes must be submitted within the announced time 
>> limit,
> which shall be seventy-two (72) hours from the meeting?s adjournment.  
> In exceptional circumstances, announced at the time of the vote, the 
> Chair may reduce this time to twenty-four (24) hours or extend the 
> time to a maximum of seven (7) calendar days, provided such amendment 
> is verbally confirmed by all Vice-Chairs present.
>> 
>> 4.4.3  The GNSO Secretariat will administer, record, and tabulate 
>> absentee
> votes according to these procedures and will provide reasonable means 
> for transmitting and authenticating absentee ballots, which could 
> include telephone, e- mail, web-based interface, or other technologies 
> as may become available.
>> 
>> The above solution is much more in keeping with my original reason 
>> for
> recommending an alteration to this section of the GOP and I thank Wolf and
> Ken for raising their concerns.   
>> 
>> Does it satisfactorily resolve the essence of the objections?   
>> 
>> Ken Bour
>> 
>> From: KnobenW@xxxxxxxxxx [mailto:KnobenW@xxxxxxxxxx]
>> Sent: Friday, March 26, 2010 12:11 PM
>> To: ken.bour@xxxxxxxxxxx; gnso-osc-ops@xxxxxxxxx
>> Subject: AW: [gnso-osc-ops] GCOT Documents: Voting, Term Limits, and
> Absences
>> 
>> Thanks, Ken.
>> 
>> I don't feel comfortable with the modified 4.4.1 leaving it up to the
> Chair / VCs to "grant" an opportunity for absentee voting. What in 
> case if they don't find consensus on that? I'd rather prefer to allow 
> absentee voting in any case - iterative voting seems a bit artificial 
> - or keep it restricted to the cases as before.
>> The other modofications of Chapter 4 are ok to me.
>> 
>> Section 2.1 - Council member term limits: agreed
>> 
>> Section 3.8 - Absences and vacancies: separate comment shall follow
>> 
>> 
>> Regards
>> Wolf-Ulrich
>> 
>> 
>> 
>> Von: owner-gnso-osc-ops@xxxxxxxxx 
>> [mailto:owner-gnso-osc-ops@xxxxxxxxx] Im
> Auftrag von Ken Bour
>> Gesendet: Mittwoch, 24. März 2010 23:32
>> An: gnso-osc-ops@xxxxxxxxx
>> Betreff: [gnso-osc-ops] GCOT Documents: Voting, Term Limits, and 
>> Absences
>> 
>> GCOT:
>> 
>> I have modified three documents and present them to the Work Team for
> review.    I suggest taking them up in the order presented below... 
>> 
>> 1)      Section 2.1-Council Member Term Limits
>> a)      Changes to 2.1.1 and 2.1.2 per GCOT?s teleconference on 24 March
> (redlined).
>> 2)      Chapter 4-Voting  [Revised 24 March 2010 and marked as OSC
Version
> #2]
>> a)      4.3-Motions and Votes:  added language to clarify that a
> reason/explanation may be provided when entering Y and N votes in addition
> to abstentions when it is always required.   This matter was raised by
Steve
> Metalitz at the OSC meeting in Nairobi. 
>> b)     Section 4.4-Absentee Voting:  replacement language to permit
> alternate voting mechanisms (e.g. electronic) when approved by the 
> Chair and ratified by all Vice-Chairs present.
>> c)      Section 4.5-Abstentions:  added a new clause (see 4.5.3-c-vi)
that
> occurred to me when writing the Absences material (below).   A Temporary
> Alternate, if/when it affects a Council officer (e.g. Chair or
Vice-Chair),
> should not imply that the TA assumes that officer?s responsibilities.   I
> wanted to make that explicit to avoid any potential confusion. 
>> 3)      Section 3.8-Absences and Vacancies
>> a)      Complete replacement for the original 3.8 to include handling:
> incidental absences, leaves of absence (planned and unplanned), and
> vacancies.   The vacancies material was drafted in response to Steve
> Metalitz? question at the Nairobi OSC session as to whether a vacancy
would
> result in a reduction to the voting denominator.   The procedures were
> previously silent on that matter, so I thought it should be addressed.   
>> 
>> Note:  the above revisions have not been reviewed by Legal. 
>> 
>> Please let me know if there is anything else that I can do to assist 
>> the
> GCOT in completing these remaining sections. 
>> 
>> Ken Bour
>> 
>> P.S.  I will begin drafting the generalized Board Seat Elections 
>> material
> which will go into Section 2.4 of the GOP replacing Annex 1.
>> 
> 
>