RE: [gnso-restruc-dt] Followup from the meeting.

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

I believe that all voting thresholds should be in the Bylaws because
they are fundamental to the design of the bicameral structure.

Chuck 

> -----Original Message-----
> From: owner-gnso-restruc-dt@xxxxxxxxx 
> [mailto:owner-gnso-restruc-dt@xxxxxxxxx] On Behalf Of Avri Doria
> Sent: Tuesday, June 09, 2009 12:42 PM
> To: gnso-restruc-dt@xxxxxxxxx
> Subject: Re: [gnso-restruc-dt] Followup from the meeting.
> 
> 
> Hi,
> 
> some more questions and comments inline.
> 
> thanks
> 
> a.
> 
> 
> 
> On 9 Jun 2009, at 18:03, Gomes, Chuck wrote:
> 
> >>>
> >>>
> >>> Item 1.e in 'ARTICLE X: GENERIC NAMES SUPPORTING
> >> ORGANIZATION; SECTION
> >>> 3. GNSO COUNCIL' says, "One Nomcom Appointee voting 
> representative 
> >>> shall be assigned to each House subject to a selection procedure 
> >>> defined elsewhere in these by-laws."  Is that procedure 
> going to be 
> >>> defined in the Bylaws?  I thought it was going to be 
> defined by the 
> >>> NomCom but maybe I misunderstood the SIC response.
> >>
> >> yes and no.
> >>
> >> for the transition, how it is done will be defined by the board.
> >> after that by the nomcom.
> >>
> >> later in the by-laws (x8), the specifics are made clear 
> regarding the 
> >> long term on the transition, we tried to change it 
> yesterday, but we 
> >> could not find the words and figured that the board would 
> decide what 
> >> went there when they were ready.
> >> so i think this is covered for now.
> >
> > Chuck: One thing it seems to me we do not know is whether 
> it will be 
> > defined in the Bylaws or elsewhere.  One thing we could do 
> is delete 
> > "in these Bylaws" and leave the first sentence as "One Nomcom 
> > Appointee voting representative shall be assigned to each House 
> > subject to a selection procedure defined elsewhere."  I am 
> comfortable 
> > with whatever you decide.
> 
> 
> i have drawn a line though the phrase in an updated version.
> what do others think?
> 
> >
> >
> >>
> >>>
> >>>
> >>> Also in 'ARTICLE X: GENERIC NAMES SUPPORTING ORGANIZATION;
> >> SECTION 3.
> >>> GNSO COUNCIL', the last paragraph says, "Except as
> >> otherwise specified
> >>> in the Transition Article XX, Section 5 (link TBD) or Annex
> >> A of these
> >>> Bylaws (link TBD), all bicameral house voting thresholds
> >> required to
> >>> pass a GNSO Council motion or other action are prescribed
> >> in the GNSO
> >>> Council Operating Rules and Procedures approved by the Board."  I 
> >>> thought we had agreed to include the voting thresholds in
> >> the Bylaws
> >>> and my understanding is that the SIC said the same thing.
> >> Shouldn't
> >>> we had the voting thresholds to this section with the changes I 
> >>> mention in the last paragraph below?
> >>
> >> They would belong in Annex A.  which i thought we are not amending 
> >> until the PDP group finishes its work.
> >
> > Chuck: My objection is that the clause says, "all bicameral house 
> > voting thresholds required to pass a GNSO Council motion or other 
> > action are prescribed in the GNSO Council Operating Rules and 
> > Procedures".  We agreed that they would be defined in the Bylaws. 
> > Whether that happens now or later after the PDP WG finishes is less 
> > significant than the fact that we state they will be in Rules.  We 
> > should at least say "all bicameral house voting thresholds 
> required to 
> > pass a GNSO Council motion or other action will be 
> prescribed in the 
> > Bylaws."
> 
> Except that that sentence already starts:
> "Except as otherwise specified in the Transition Article XX, 
> Section 5 (link TBD) or Annex A of these Bylaws (link TBD).."
> 
> what I am trying to understand is whether you are saying that 
> we should put all all voting thresholds in the by-laws, even 
> though SIC appears to be answered that they should be in ORP 
> except as required by legal.
> 
> 
> >
> >
> >>
> >> in the meantime we say:
> >>
> >> "Except as otherwise specified in the Transition Article 
> XX, Section 
> >> 5 (link TBD) or Annex A of these Bylaws (link TBD), all bicameral 
> >> house voting thresholds required to pass a GNSO Council motion or 
> >> other action are prescribed in the GNSO Council Operating 
> Rules and 
> >> Procedures approved by the Board."
> >>
> >> Does that cover it?
> >
> > Chuck: Only with the change I stated above. This is needed too.
> >
> >
> 
>