[gnso-osc] GNSO Council Proxy Procedures: Clarification

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

Philip:

I would like to clarify a point in your third bullet point and "Thus"
section.  Proxies can be used for circumstances of planned absence in
addition to conflicting situations.  The way it works is that, when a
Councilor plans to be absent, he/she declares an intention to voluntarily
abstain (i.e., no conflict need exist) on all upcoming motions and that
action brings the Proxy and Temporary Alternate remedies into play [see
Paragraph 3.8.1(a)(ii)].  

Below is a brief synopsis of the three available voting remedies, as
currently approved, and how/when they might be applicable:  

Voting Direction:  used for certain abstentions when being directed by the
appointing organization would obviate a conflicting situation that would
otherwise result in recusal. 

Proxy:  used for incidental absence or abstention to transfer the vote to
another sitting Councilor (House NCA or within the SG/C).   A House NCA can
transfer proxy only to the Council NCA.  

Temporary Alternate:  used for incidental absence, abstention, or vacancy
(including leave) when another SG/C Councilor is not available for proxy
(e.g., multiple absences) or the appointing organization wishes to
substitute someone (a non-Councilor) with special expertise/knowledge to act
for the absent or abstaining Councilor.  The Council NCA can become an
automatic Temporary Alternate for a House NCA in the circumstances of leave
of absence or vacancy.  

I hope the above information helps to clarify the options available.  

Ken Bour

-----Original Message-----
From: owner-gnso-osc@xxxxxxxxx [mailto:owner-gnso-osc@xxxxxxxxx] On Behalf
Of Philip Sheppard
Sent: Tuesday, April 05, 2011 8:51 AM
To: gnso-osc@xxxxxxxxx
Subject: [gnso-osc] GNSO Council Proxy Procedures


Thanks everyone for the good dialogue on this.
I fear we are trying to solve increasing unlikely scenarios.
 
1. Important votes
An absent Councilor votes by e-mail when the vote is important defined as a.
Initiate a Policy Development Process (PDP); b. Approve a PDP
recommendation; c. Recommend amendments to the GNSO Operating Procedures
(GOP) or ICANN Bylaws; d. Fill a Council position open for election.

2. Less important votes
An absent Councilor wishing to vote on issues NOT above may give a proxy.

3. Abstaining (due to personal conflict of interest) Because abstentions = a
No vote, two remedies exist in order of priority.
a) they get direction from the appointing organisation.
b) they give a proxy.

--------------------
Thus:
a) proxies are always a secondary remedy.
b) proxies are for less important votes
c) proxies come into play when there is a personal conflict.
-------------------------
Conclusion:
a) any gaming / unfairness is likely to have a minimal real-world effect.
b) the chances of both NCA Councilors having a personal conflict on a less
important vote is low.

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Conclusion for GNSO rules:
Having heard all the discussion, I still believe the original simplified
wording I proposed does the job.

Thoughts?

Philip