Re: [gnso-ppsc-wg] Your feedback requested: Section 2.1.4.2 Election of WG Leaders

["S. Subbiah" <subbiah@xxxxxxxxx>]

I think INTA's point has already been considered by us.
I think the MO suggetsion does not hurt and I am okay with their 
re-wording - with final selection within 3 weeks.
On GD point: I am okay with under exceptional circusmtances for ICANN 
staff to be chair but someone/staff needs to check whether this is 
within ICANN byelaws etc. I am not sure whether its a pre-rogative of 
the WG to set rukes for COuncil to decide on Chair-rejection criteria 
they use.  However I think  there could be an appeal mechansim if the  
WG  wants that chair - such a mechanism coudl include (high threshold of 
members wanting to appeal - say 80%), the Chartering organization being 
the arbiter (and Liasion coordinating the issue) (if CO is the GNSO 
itself, then upto main Board of Directors), if the appeal fails on the 
merits of the discussion - the WG as a whole should have the right to 
dissolve the WG (if theer is 80% agreement say) and refuse to move 
forward and ICANN as an organisation will have to openly publicise the 
fact prominently. After widespreasd publicity, he CO is then free to 
attempt to reconvene a new WG on the exact same topic.
Removal of leadership position by Council - (1) if WG itself by simple 
majority loses faith in the leader, (2) if leader is involved in some 
kind of criminal activit and so charged by some law and such a behavior 
could jeopardise teh WG or ICANN's activity, (3) improper behavior of 
leader as per ICANN;s general beahvior ules we incorporated - ie. 
throwing a brick at a member etc.
Just my two cents.

Marika Konings wrote:

> *From the GNSO Working Group Guidelines
>
> 2.1.4.2 *Election of the WG Leaders
>
> Unless a Chair has already been named by the Chartering Organization, 
> normally a Chair will be selected at the first meeting of the WG. 
> Until that time, the Chartering Organization’s liaison may fulfill the 
> role of interim Chair. A Working Group can elect to have co-chairs, 
> vice-chairs or request ICANN Staff to perform the role of Chair. Once 
> selected, a Working Group Chair will need to be confirmed by the 
> Chartering Organization (CO). The newly elected Chair will act on a 
> provisional basis until the Chartering Organization has confirmed the 
> appointment. If there are any objections to the selected Chair, the CO 
> will conduct a vote to establish whether there is majority support for 
> the selected Chair. If there is no majority support, the Working Group 
> will be requested to reconsider their choice for Chair and return to 
> the CO with a new proposal.
> ------------------------------------------------------------------------
> /Comments
>
> GD: Section 2.1.4.2 outlines the selection of working group leadership 
> positions.  It notes that the working group can elect to have ICANN 
> Staff serve in the role of working group Chair, but is this in 
> accordance with ICANN by-laws?  We ask that the PPSC WG-WT address 
> this question with ICANN’s General Counsel.
> Further in this section, the document calls for the proposed working 
> group Chair to be confirmed by the GNSO Council.  Under what 
> conditions would (or should) the Council reject the proposed Chair? 
> Does the PPSC WG-WT envision a process by which the membership of the 
> working group (including the rejected Chair) can appeal this decision?
> Finally, this area may be an appropriate place to include some 
> provisions for the GNSO Council to remove a working group Chair, 
> Vice-Chair, Liaison, or other defined leadership position.  These 
> should include a description of general circumstances that would 
> warrant Council intervention and removal.
> /
> /INTA: This subsection permits flexibility in determining how the WG 
> leaders will be elected or appointed, allowing for different 
> Chartering Organizations (COs) to tailor the leadership according to 
> the needs of the WG. However, the Committee suggests circulating 
> information regarding the nominated Chairs prior to the meeting.
> MO: Working Group members are often meeting for the first time at the 
> initial meeting which puts many at a disadvantage when it comes to 
> running for, or voting for, Chair.  
> *Suggested Language
> *Replace this language in section 2.1.4.2:
> “unless a Chair has already been named by the Chartering Organization, 
> normally a Chair will be selected at the first meeting of the WG.”
> with:
> “unless a Chair has already been named by the Chartering Organization, 
> normally a Chair may be selected at the first meeting of the WG. 
>  Alternatively, the WG can designate an Interim Chair at the initial 
> meeting to serve until a Chair is elected.  However, the WG must 
> select a Chair within 3 weeks of the initial meeting.”
> /