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

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

I agree Philip.  As described in my response to Julie's message, I do
not believe that the questions raised by ICANN staff create any issues
that would create any problems for the RySG.

Chuck

> -----Original Message-----
> From: owner-gnso-osc@xxxxxxxxx [mailto:owner-gnso-osc@xxxxxxxxx] On
> Behalf Of Philip Sheppard
> Sent: Thursday, May 26, 2011 9:47 AM
> To: gnso-osc@xxxxxxxxx
> Subject: [gnso-osc] GNSO Council procedures - proxy vote - v7 -
Further
> comments from legal staff
> 
> 
> 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
> 
>