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

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

Ray and GCOT Members:

 

I would like to step through a few considerations to be sure that we are
looking at this absentee voting matter holistically.  

 

1)  Two key principles underlying the GCOT's Abstentions procedures are:

            a.  SG/Cs should not lose opportunities to have votes cast by
their Council representatives

            b.  Voting denominators should never change; therefore, remedies
should always be available

 

2)  The team went to great lengths to ensure that the above principles could
be honored for:

            Volitional Abstentions

           Obligational Abstentions 

            Absences (new Section 3.8)

            Vacancies (raised by S. Metalitz in Nairobi and captured in the
revised Section 3.8) 

            

3)  One of the Volitional Abstention examples listed in Section 4.5 is: 

            "Unavoidable absence beyond the period allowed for absentee
voting" 

 

4)  The assumption behind #3 was that absentee balloting would be available
for incidental absences in which the Councilor could vote within the time
limit (currently 72 hours); therefore, no abstention would be needed for
such cases.   

 

5)  If the GCOT recommends tightening the absentee voting capability to an
even narrower list than is shown in the current Section 4.4 (before
rewrite); then, in order to preserve #1 above, it would make sense that:

 

6)  Abstentions and associated remedies are permitted for all cases of
incidental absence.  If not, then each time a Councilor is absent, his/her
vote would not be cast and the SG/C's opportunity would be lost -- violating
a key principle.  I could then imagine someone arguing that the voting
denominator should be reduced for an incidental absence since there is no
opportunity for the SG/C to remedy the situation.  In essence, the team
would have created a new "gap" in the procedure that it has worked so
carefully to prevent. 

 

Assuming, then, that abstentions/remedies would be permitted for ALL
incidental absence cases, is there a net gain or improvement to the GNSO
using this mechanism vs. absentee voting?  

 

One concern expressed thus far is that absentee voting may tend to promote
absence vs. attending the meetings in person.  For argument's sake, let's
assume that a hypothetical Councilor is inclined not to attend a session
because absentee voting is conveniently available.  Is it that much more
difficult to register an abstention and ask the SG/C to apply remedies?  The
Councilor could just send an email to the Secretariat with a copy to the
SG/C to this effect, "I cannot attend Council meeting [on date] due to a
personal conflict; therefore, please register my abstention for all votes
taken.  My SG/C will decide and notify you if they wish to invoke any voting
remedies in these matters."  Since abstaining is, arguably, no more
difficult than absentee voting, there may be no material effect on in-person
attendance.  On the other hand, requiring abstentions will serve to increase
the amount of work that SG/Cs are asked to do in processing incidental
absences that could otherwise be handled by a much simpler and more
efficient absentee balloting method.  

 

I also want to point out that, in Section 3.8.1, there is an emphasis on
Councilor attendance:  

 

"a.  GNSO Council members are expected to attend all regularly scheduled
Council meetings and be present at the time such sessions are called to
order.  It is understood that, from time to time, it may be necessary for a
GNSO Council member to miss a scheduled meeting due to conflicting personal
or professional obligations. " 

 

I hope that the above rationale is helpful in evaluating absentee voting in
the larger context of the GCOT's work on abstentions.  

 

Ken Bour

 

-----Original Message-----
From: Ray Fassett [mailto:ray@xxxxxxxxx] 
Sent: Wednesday, March 31, 2010 9:58 AM
To: 'Ken Bour'; 'Avri Doria'; 'gnso-osc-ops'
Subject: RE: [gnso-osc-ops] Re: GCOT Documents: Voting, Term Limits, and
Absences

 

Thanks Ken.  My view is that there needs to be a legitimate reason of
hardship to invoke the opportunity of an absentee ballot.  So, I guess this
would mean that I am not too inclined to go along with the incidental
absence as a legitimate reason to invoke it, pending thoughts of others.

 

Ray

 

-----Original Message-----

From: owner-gnso-osc-ops@xxxxxxxxx [mailto:owner-gnso-osc-ops@xxxxxxxxx] On
Behalf Of Ken Bour

Sent: Wednesday, March 31, 2010 9:40 AM

To: 'Ray Fassett'; 'Avri Doria'; 'gnso-osc-ops'

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

 

 

Ray:

 

Actually, according to what I have drafted in Section 3.8 (thus far), your
scenario would play out like this:

 

Ex: Councilor will be absent from a meeting (incidental):

     Q: Can he/she vote using absentee balloting within the time limit?

 

           If YES, then no abstention is needed and the electronic vote is
registered.

           If NO, then an abstention would be filed and a remedy applied (if
SG/C so desires). 

 

I believe Avri is suggesting that absentee voting be reserved for rare
situations, which implies to me that, for every case of incidental absence,
either (a) the vote is simply not cast or (b) an abstention would have to be
filed and a remedy applied (Proxy or TA). 

 

Ken

 

-----Original Message-----

From: Ray Fassett [mailto:ray@xxxxxxxxx]

Sent: Wednesday, March 31, 2010 9:09 AM

To: 'Ken Bour'; 'Avri Doria'; 'gnso-osc-ops'

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

 

Ok, so I am trying to understand this.  In the example, a Council member has
some last minute reason to not be able to attend a meeting.  This meeting
has a voting action.  The Councilor notifies the Chair his/her desire to
abstain as a placeholder to retain the vote.  Within 24 hours (I know it
says 72 hrs right now) the SG may implement one of two available remedies,
TA or Proxy, if they wish to have the vote changed from the recorded
abstention.

 

Is this pretty much it?

 

Ray

 

-----Original Message-----

From: owner-gnso-osc-ops@xxxxxxxxx [mailto:owner-gnso-osc-ops@xxxxxxxxx] On
Behalf Of Ken Bour

Sent: Saturday, March 27, 2010 1:20 PM

To: 'Avri Doria'; 'gnso-osc-ops'

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

 

 

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.

>> 

> 

>