[gnso-osc] GNSO Council procedures - proxy vote - v7 - Further comments from legal staff

["Philip Sheppard" <philip.sheppard@xxxxxx>]

Dear OSC,
ICANN legal staff has raised two further questions on proxy votes based on our
v7.
On consideration I am inclined to recommended we note them but leave the text
unchanged.

REASONING
1. Unlike legal, we are seeking rules that are clear and simple. We are not
seeking to anticipate every hypothetical issue that may occur if a Councilor
acts in bad faith.
2. I find the likelihood of either scenario raised below sufficiently unlikely
to not justify adding complexity.

SPECIFICS
a) Our rules allow a proxy in the case of an abstention and allows the proxy
giver to direct the way the proxy holder votes.
TRUE.
However, our rules say the preference is to get direction from the Constituency.
Further, a Councilor acting in good faith should still be able to say: "I wish
to  abstain for reasons of a potential conflict but I recognise the way my
constituency would wish me to vote". 
It would be an act of bad faith for a Councilor to pass on a conflicted vote to
a proxy holder against the will of the constituency.
Bad faith should be dealt with elsewhere.

b)  The notification of a proxy given during the course of a meeting may raise
some conflict if the absent councilor is from an SG/Constituency that would
otherwise create a voting direction.  
TRUE. 
However, practicality suggests our rule is the best way to handle this.
Further, if the Councilor acts in bad faith against the will of the
constituency, that should be dealt with elsewhere.

Your comments please.
Deadline 1 June.

Philip