Re: [gnso-osc-ops] New Section 4-Voting and 3.8-Absences

[Avri Doria <avri@xxxxxxx>]

hi,

aside: can't wait to see how they handle those who abstain from approving 
minutes because they were either absent or just did note read the minutes.  i 
guess they can just delay the vote until the following meeting.  but that is 
not the point of this email

Issues:  in 5a, 5b - i do not think we should be requiring consensus (whatever 
that means in this context) by the SG/
Cs.  How they do this is their call.  They might decide it is enough for their 
executive to handle it, or their policy committee, or ...

5b.  i don't understand 1 vote per councilor.  does that mean that for each 
ballot during a meeting they need a different person to act as proxy?  i know 
we talked about and i forget where we landed, but it seems somewhat rather 
excessive.  dod you mean one proxy voter per councilor per meting?  like in 5c?

6. even though they count as no, they should be listed as abstention.  no 
reason to add intent to actuality. 

A&V 1.iii.a still seems bizarre to me

a.

On 13 Apr 2010, at 13:13, Ken Bour wrote:

> GCOT Members:
>  
> As promised, attached are the latest documents for Chapter 4.0-Voting and 
> Section 3.8-Absences & Vacancies.  I have indicated below the major changes 
> made since the versions sent on 24 March; however, I recommend that GCOT 
> members read both documents critically from beginning to end.      
>  
> Chapter 4-Voting:
> 1)      Section 4.4-Absentee Voting was restored to its original language and 
> modified as noted. 
> 2)      Additional changes throughout 4.5 to improve clarity (see redlines 
> and embedded comments)
>  
> Section 3.8-Absences and Vacancies:
> 1)      Simplified structure to eliminate redundancy, e.g. one Paragraph 
> 3.8.4-Remedy instead of two duplicates (3.8.2-c and 3.8.3-b) previously.  For 
> ease of reading, I did not redline those structural changes.
> 2)      The language that Ron asked be clarified concerning “All Subjects 
> Permitted” has been incorporated (see 3.8.4-a).
>  
> I have also attempted to outline (below) the architecture of the Abstentions 
> procedures as well as Absences/Vacancies.   I summarized key principles and 
> supported each numbered bullet with quoted/referenced text (italics), where 
> applicable.   I hope that this exposition will make it a bit easier to 
> understand the critical components and logic so that the GCOT can decide if 
> this architecture remains the approach that it wants to recommend to the 
> GNSO. 
>  
> I look forward to your comments.
>  
> Ken Bour
>  
> Abstentions Architecture:
> 1)      Voting denominators should never be altered.
> The GNSO Council has not established any provision that would permit the 
> voting thresholds and calculations to be altered, for example, by reducing 
> the denominator due to an abstention (§4.5.3).
> 2)      All abstentions are de facto “No” votes.  
> The voting thresholds are calculated based upon the total membership of each 
> House.  According to existing rules, any abstention, regardless of type or 
> category, would not contribute to the passing of a motion; therefore, by 
> default, an abstention functions as a negative (or “No”) vote (§4.5.3).
> 3)      SG/Cs should have the opportunity to register a “Yes,” 
> discretionally, whenever a Councilor cannot or chooses not to exercise a vote.
> Given the Council’s size and the voting thresholds that have been defined, it 
> is important that each Stakeholder Group (or Constituency, where applicable) 
> vote decisively, through its appointed or elected Councilors, on every matter 
> that is before the Council for action (§4.5.1).
> 4)       “Volitional” abstentions, although acknowledged and permitted, 
> including remedies, are discouraged. 
> Constituencies and Stakeholder Groups are encouraged to provide sufficient 
> guidance, assistance, education, and direction, where applicable, to avoid 
> circumstances that might otherwise result in a volitional abstention 
> (§4.5.2-a).  
> Councilors should request and receive sufficient information, including 
> support from their Constituencies or Stakeholder Groups, as appropriate, so 
> Councilors may carry out their responsibilities.  When a problem manifests 
> itself or some issue does not make sense, a Councilor has a duty to inquire 
> into the surrounding facts and circumstances and seek guidance (§4.5.1-b).
> 5)      The following remedies are provided for any abstention and should be 
> considered and selected in order.
> The purpose of the remedial procedures in this section is to minimize the 
> effect of such potential abstentions on Council voting such that the 
> appointing Stakeholder Group or Constituency may exercise the vote 
> represented by the abstaining Councilor (§4.5.3).
> In general, the remedies proceed from simplest in execution to more 
> logistically complex and should, under most circumstances, be evaluated and 
> selected in the order provided (§4.5.3).
> a)      Voting Direction [Note:  useful for most “volitional” abstentions]
> o   Requires consensus position in SG/C
> b)      Proxy [Note:  useful for either abstention category plus incidental 
> absences when absentee balloting is not prescribed]
> o   Requires consensus position in SG/C
> o   Does not count toward quorum
> o   Incident specific and time-bound
> o   Limit:  1 proxy vote per Councilor
> c)      Temporary Alternate [Note: useful when consensus position cannot be 
> achieved and for longer-term substitutions including Leaves of Absence (LOA) 
> and vacancies]
> o   Exclusion:  does not apply to NCA
> o   Counts toward quorum (if regular Councilor is not present)
> o   Incident specific and time-bound
> o   Can only participate and vote on specific matters (except when instituted 
> for LOA or vacancy)
> o   Limit:  1 TA per Councilor at a time
> 6)      Abstentions that are not remedied, either by SG/C choice or, 
> possibly, because the remedy could not be activated in time, are recorded and 
> treated as “No” votes. 
> If an abstention cannot be avoided after pursuing the remedies provided in 
> Paragraph 4.5.3, then the Councilor may abstain from voting and an 
> “Abstention” will be entered into the record.  If the reason for the 
> abstention warrants such action (e.g. obligational abstention), the Councilor 
> shall be recused and not participate in discussions on the affected topic(s) 
> or otherwise attempt to influence other Council members nor shall he/she vote 
> on any action attendant to the matter for which the abstention conditions are 
> present.  An abstention shall not affect quorum requirements or calculations 
> nor will it reduce the denominator in any vote tabulations for the affected 
> House (§4.5.4-c).
> At the Legal Department’s recommendation, instead of handling absence 
> conditions within the voting remedies procedures, a separate Section 3.8 has 
> been drafted (attached).  Its architecture is also outlined below to show how 
> certain remedies apply. 
> Absences and Vacancies:
> 1)      Incidental Absences: 
> a)      Planned absences defined and remedies:
> 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 obligation or other planned event that cannot be reasonably 
> altered (§3.8.1-a).
>                                                               i.      Notify 
> GNSO Secretariat in advance
>                                                             ii.      If 
> absentee voting applies and can be utilized, stop. 
>                                                           iii.      If 
> absentee voting does not apply or circumstances do not permit its use, then 
> Councilor should declare an abstention and continue with abstention remedies 
> (§4.5).
> b)      Unplanned absences defined and remedies:
> Occasionally, it will be necessary for a GNSO Council member to miss a 
> regularly scheduled meeting due to sudden illness, accident, injury, or other 
> unforeseen event that cannot reasonably be anticipated. 
>                                                               i.      If 
> absentee voting applies and can be utilized, stop. 
>                                                             ii.       If 
> absentee voting does not apply or circumstances do not allow for its use, 
> then vote is NOT cast nor is denominator altered. 
> 2)      Leaves of Absence (LOA):
> a)      Planned:  Councilor anticipates missing 2 or more consecutive meetings
>                                                               i.      Notify 
> GNSO Secretariat and SG/C; continue with (4) below.
> b)      Unplanned:  Councilor misses 2 meetings consecutively without prior 
> notification
>                                                               i.      
> Secretariat notifies SG/C that “effective” LOA has been satisfied; continue 
> with (4) below.
> 3)      Vacancies: 
> a)      Resignation or other permanent vacancy. 
> b)      Bylaws call for replacement according to the Stakeholder Group 
> Charter (Article X, Section 3(3)).
>                                                               i.      During 
> transition from vacancy until election of replacement Councilor, continue 
> with (4) below.
>  
> 4)      Remedy:  Temporary Alternate
> a)      Same conditions as 5-c above except that subjects and participation 
> are not limited, i.e., TA may act in all matters that would have otherwise 
> occupied the absent or vacant Councilor.  
>  
> <GNSO Ops Procs Ch 4-Voting (Revised 13 Apr 09; OSC Version #2).doc><Section 
> 3.8-Absences & Vacancies (KBv5-13 Apr 2010).doc>