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

[Marilyn Cade <marilynscade@xxxxxxxxxxx>]

Let me see if I understand our concerns: 1)  we want legal support from the 
GC's office, as appropriate and needed, to support the PDP process, and we want 
it in a timely manner.2) Do we want the ability to ask for legal opinion as a 
routine part of all PDPs, or as needed, and upon request?[sorry, sort of clumsy 
in how I worded that]?3) Did we maintain the ability of the Council, by a super 
majority vote, to decide to proceed with an Issues Report or a PDP, even if the 
GC rules a topic out of scope?Comment: As some will recall, that did occur one 
time, during the time I was on the Council -- PDP06, I believe. 



Subject: AW: [gnso-ppsc-pdp] Draft Revisions to Sections 3 and beyond - ALL 
PLEASE READ
Date: Sun, 20 Feb 2011 17:04:44 +0100
From: KnobenW@xxxxxxxxxx
To: Jeff.Neuman@xxxxxxxxxx; marika.konings@xxxxxxxxx; gnso-ppsc-pdp@xxxxxxxxx












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  / 
  www.neustar.biz 
       
  
  
  
  
  
  
  
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