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Re: [gnso-restruc-dt] Bd resolution of May 21 as posted today

  • To: gnso-restruc-dt@xxxxxxxxx
  • Subject: Re: [gnso-restruc-dt] Bd resolution of May 21 as posted today
  • From: Avri Doria <avri@xxxxxxx>
  • Date: Fri, 29 May 2009 13:28:19 -0400


Hi,

I suppose it is also possible to hope that the Policy Staff, in its process of figuring out the changes, will actually consult with the SGs before submitting any changes to the SIC.

Or that the SIC might consult with SG representatives before agreeing to anything the Policy Staff proposes.


a.

On 29 May 2009, at 12:02, Stéphane Van Gelder wrote:

"the Board directs the Structural Improvements
Committee and ICANN Staff to make the necessary changes to the
Stakeholder Group charters to make them consistent with the Board's GNSO
Improvements Report"

I hope you're reading this wrong too Tim, but I don't see any other way it
could be read.

Worrying...

Stéphane


Le 29/05/09 15:51, « Tim Ruiz » <tim@xxxxxxxxxxx> a écrit :


The Board and Staff are going to revise our SG charters and we then have
to live with their changes? How is that a bottom-up consensus driven
process? Hopefully I am reading this wrong.

Tim

-------- Original Message --------
Subject: [gnso-restruc-dt] Bd resolution of May 21 as posted today
From: "Metalitz, Steven" <met@xxxxxxx>
Date: Fri, May 29, 2009 8:31 am
To: "Avri Doria" <avri@xxxxxxx>, <gnso-restruc-dt@xxxxxxxxx>


According to this the revised SG charters and explanatory memorandum
will be posted by Sunday.

Whereas, the Board established a four-phase timetable intended to seat
the newly structured GNSO Council by the ICANN meeting in Sydney,
Australia;

Whereas, the Board acknowledges that the GNSO community has made an
effort to comply with the timetable - including submission of proposed
Stakeholder Group charters;

Whereas, most of these charters require revisions to ensure equitable
participation and representation by new constituencies;

Resolved (2009-05-21-13), the Board directs the Structural Improvements
Committee and ICANN Staff to make the necessary changes to the
Stakeholder Group charters to make them consistent with the Board's GNSO
Improvements Report and related Resolutions, and to post the revised
charters, and an explanatory memorandum, for GNSO consultation and
public comment later this month;

Resolved (2009-05-21-14) the Board will consider any comments and the
Stakeholder Group charters for Board action at the ICANN Sydney meeting
in June 2009.

All Board members present unanimously approved of these resolutions.


-----Original Message-----
From: owner-gnso-restruc-dt@xxxxxxxxx
[mailto:owner-gnso-restruc-dt@xxxxxxxxx] On Behalf Of Avri Doria
Sent: Thursday, May 28, 2009 12:40 PM
To: gnso-restruc-dt@xxxxxxxxx
Subject: Re: [gnso-restruc-dt] Notes from Restructure meeting of 25 May


Hi,

Yes, also at the last meeting, Raimundo gave us an update and included the information that the Board at its Vienna retreat empowered the SIC
to respond to the questions.

A possible exception, not specifically mentioned by Raimundo, being
the issue of house voting on the board seats individually, which they
have not decided on as a board yet, and the derivative issue of
changing of the order in which houses select the seats (Q9). While
this is a critical issue I am not sure, however, that it is a gating
issue for seating the new council in Seoul as the election process
does not begin until early 2010. I do not know the Board's plans
regarding this issue, but I did send a request to the Secretary of the
Board asking for confirmation of the status and received confirmation
that the issue had not yet been decided. Of course once the new
council is seated, the procedure currently in the By-laws would be
invalid and thus the by-laws do need to be changed to deal with this
issue before any Board seat election could take place.

Also it was pointed out that although the SIC meets on Tuesday June 2,
they do sometimes complete decisions via email, so the response
schedule from the SIC is not tightly coupled to their meeting schedule.

Thanks

a.



On 28 May 2009, at 09:54, Gomes, Chuck wrote:

My understanding is that the SIC is meeting on June 2nd and my hope is
that we will receive answers to our questions after that meeting.

Chuck

-----Original Message-----
From: owner-gnso-restruc-dt@xxxxxxxxx
[mailto:owner-gnso-restruc-dt@xxxxxxxxx] On Behalf Of Metalitz,
Steven
Sent: Thursday, May 28, 2009 9:41 AM
To: Avri Doria; gnso-restruc-dt@xxxxxxxxx
Subject: RE: [gnso-restruc-dt] Notes from Restructure meeting
of 25 May


Avri, thanks for laying out the timetable below, which is
very useful to know. I feel constrained to point out,
though, that Q1 (regarding seats allocated to the NCSG) is a
threshold question from the IPC's viewpoint, and I can't see
IPC representatives to the Council being in a position to
support any package of by-laws amendments until that issue is
resolved.

Your chart correctly points out that this issue is "waiting
on Board determination." So far, the only output we have
seen from the Board is Denise's note of a week ago, which
stated: "The Board approved a resolution that: noted that
the proposed SG charters require revisions to ensure
equitable participation and representation by new
constituencies; directed the Board's Structural Improvements
Committee
(SIC) and ICANN Staff to propose changes to the SG charters
to make them consistent with the Board's stated objectives;
and directed the SIC to post the revised charters, and an
explanatory memorandum, for GNSO consultation and public
comment." The text of the resolution still has not been made public.

Assuming that the issue posed by Q1 was not resolved at last
week's Board meeting, it may be that it will be addressed in
the proposed changes now being prepared by SIC and the staff.
Those proposed changes are then to be posted for GNSO
consultation and public comment. Perhaps staff could provide
an update on the status of these proposals, when they are
expected to be posted, and the likely duration of the public
comment period, so that we can make a more realistic
appraisal of the timetable for by-laws revisions.

Alternatively, perhaps the Board intends to resolve this
issue at its next meeting in Sydney. If so it would be
useful to know that.

Steve

-----Original Message-----
From: owner-gnso-restruc-dt@xxxxxxxxx
[mailto:owner-gnso-restruc-dt@xxxxxxxxx] On Behalf Of Avri Doria
Sent: Tuesday, May 26, 2009 10:57 AM
To: gnso-restruc-dt@xxxxxxxxx
Subject: [gnso-restruc-dt] Notes from Restructure meeting of 25 May


Hi,

Report from the Restructuring Meeting.

1. Schedule was reviewed.

Some of the data points in the discussion (some exact dates
need to be firmed up):

a. It is a firm goal, endorsed by the Board, that the new
council be seated at the Seoul Meeting.
b. In order for council members to have travel arrangements
it will be necessary for them to be elected by 8 September if
not a week earlier (I have asked for official notification of
traveller notification date).
c. Since it is assumed to take 3-4 weeks for SG elections,
the SG charters and By-law changes need to be approved by the
Board at their 30 July meeting.
d. The board will require materials (council recommendation
on by-law changes and agreed upon SG charters) 4 weeks in
advance. This allows for a required Board comment period.
This means the council needs to have made its recommendation
on the by-laws by 30 June. As a separate process, the SIC,
Policy Staff and SGs need to finalize the SG charters.
e. This means we either decide at our public meeting on 23
June, or a special meeting the following week. It is also
possible that we do the vote on the the by-laws via an email
vote if all of the discussions have been completed.
f. In order to meet ICANN publication deadlines and to give
constituencies a chance to review the material before the
public meeting, by-laws and motion should be framed by June
9 at the latest (to give 2 weeks)

It was pointed out that this very tight schedule means that
the GNSO constituencies, SGs and Council would need to get
very timely reports on Board/SIC decisions.

2. We received a SIC update from Raimundo indicating:
- the Board has empowered the SIC to act on the questions
sent for review by this DT
- the SIC will be meeting shortly and will be able to give
the council answers shortly (depends on date of SIC mtg)
- it is considered necessary to seat the new council in Seoul

3. We reviewed question Q5 Q7, Q8, and Q10

- on Q5 a small group composed of Philip, Chuck, Olga and
Mary/Milton are working on text that can be proposed to the
list that balances their concerns.

- on Q7 and Q8, Avri will draft proposed language for these
that is based on adhering to a principle of subsidiarity,
i.e. making and documenting decisions at the lowest
appropriate unit of organization in the bottom up chain.

- on Q10:

-- line 45 with reference to the spreadsheet, it was
postulated that there is full consensus on the point: "An
individual may not serve simultaneously as a GNSO Councilor
and an ICANN Board member". This needs confirmation so the
issue can marked as resolved.

-- line 46, alternate text was suggested at the end of the
meeting that was not discussed in the meeting, and needs to
be discussed on the list:
" With the exception of voting, no individual or entity shall
be excluded from observing a Constituency merely becasue of
participation in another Constituency. Each Constituency
will be repsonsible for determing its own rules relating to
observer participation."

4. The next meeting : Monday 1 June at 1300 UTC, but
discussions need to continue on the list in order to meet the
deadlines.

5. The poll on the selection method for NCAs is ongoing:
http://www.doodle.com/x2ey9ydpq5rga7u9

6. An updated spreadsheet is attached. Changes are highlighted.


Please send any comments or corrections to this list.

thanks

a.















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