AW: [gnso-ppsc-pdp] Draft Revisions to Sections 3 and beyond - ALL PLEASE READ

[<KnobenW@xxxxxxxxxx>]

Arguing with "ICANN staff is not bound by obligations in a GNSO Council
document, but rather can only be bound by Bylaws of the organization"
may seduce others in future to squeeze their ideas into the bylaws??


Best regards 
Wolf-Ulrich 

 


________________________________

        Von: owner-gnso-ppsc-pdp@xxxxxxxxx
[mailto:owner-gnso-ppsc-pdp@xxxxxxxxx] Im Auftrag von Neuman, Jeff
        Gesendet: Donnerstag, 17. Februar 2011 22:18
        An: Marika Konings; Gnso-ppsc-pdp@xxxxxxxxx
        Betreff: [gnso-ppsc-pdp] Draft Revisions to Sections 3 and
beyond - ALL PLEASE READ
        
        

        Marika & PDP Team,

        
        Please find enclosed my proposed revisions to Sections 3 and 4
(Overarching Issues) and (Annex A to the Bylaws). I still need to review
the PDP Manual section, but I wanted to make sure you had this when you
woke up in the morning as I may not have that last section done until
tomorrow.

         

        In re-reading all of the recommendations, I have recommended
that some additional provisions and references be added to the Bylaws to
be consistent with what is there today.  In addition, where I saw staff
obligations (like a General Council Opinion) mention in the Manual, I
added some of that to the Bylaws.  The reason is that ICANN staff is not
bound by obligations in a GNSO Council document, but rather can only be
bound by Bylaws of the organization.  Therefore, if we expect the GC to
do something, it needs to be in the Bylaws rather than the Manual.  I
did not really create any new text for the Bylaw outline, but moved some
text from what was in the Manual.  I did not take all the text, but
rather took enough to get the gist and then refer to the PDP Manual.  

         

        An example I added to the Bylaws was:

         


        Section 5:  Reports


         

        An Initial Report should be delivered to the GNSO Council and
posted for a public comment period of not less than 30 days, which time
may be extended in accordance with the PDP Manual.   Following the
review of the comments received and, if required, additional
deliberations, a Final Report shall be produced for transmission to the
Council.

        

        Although we want the details in the Manual, there should be a
reference in the Bylaws of what the required outputs are in a sequential
order as in the current Bylaws.  I know that is what Marika tried to do
in Section 1 of the Bylaws, but without more context in the bylaws, I
personally believed it was not enough.

         

        These are my personal comments and not comments of my
stakeholder group, company or as Chair.

        
        Thanks.

        Jeffrey J. Neuman 
        Neustar, Inc. / Vice President, Law & Policy
        46000 Center Oak Plaza Sterling, VA 20166
        Office: +1.571.434.5772  Mobile: +1.202.549.5079  Fax:
+1.703.738.7965 / jeff.neuman@xxxxxxxxxxx
<mailto:jeff.neuman@xxxxxxxxxxx>   / www.neustar.biz
<http://www.neustar.biz/>       

        
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