[gnso-restruc-dt] Notification of results in GNSO Council vote on Recommended By Laws changes

[Avri Doria <avri@xxxxxxx>]

To the Board;

This constitutes formal notification to the Board, to the Structural  
Improvements Committee of the Board and to the Public Comments area,  
on the motion concerning the recommended By Laws changes in support of  
GNSO restructuring as mandated by the Board.
Avri Doria
Chair, GNSO Council

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By-Law Changes Motion proposed by Avri Doria and seconded by Chuck Gomes

Whereas

On 28 August 2008 the ICANN Board of Directors approved the BGC plan  
to restructuring of the GNSO; and
http://www.icann.org/en/minutes/minutes-28aug08.htm

On 27 March 2009 the ICANN Policy Staff introduced a draft of proposed  
by-law changes related to the restructuring of the GNSO; and
http://gnso.icann.org/drafts/icann-bylaws-changes-re-gnso-27mar09.pdf

Subsequent to receiving the changes suggested by the ICANN Policy  
Staff, the GNSO Council decided to create a Committee of the Whole to  
work on a proposed set of changes to the By-laws which committee was  
open to council members as well as substitutes from the constituencies  
and to representatives of applicant constituencies; and
On 8 June 2009 the Structural Improvements Committee of the Board  
Directors gave a set of clarification to questions posed by the GNSO  
Committee of the Whole; and
http://gnso.icann.org/meetings/transcript-restructure-08jun09.pdf

On 12 June 2009, the ICANN legal counsel gave a set of recommend edits  
to the GNSO Committee of the whole.
http://gnso.icann.org/drafts/by-laws-legal-12jun09.pdf

Resolved

The GNSO recommends to the ICANN Board of Directors that the By-laws  
related to the GNSO council be amended to read as documented in: http://www.icann.org/en/general/proposed-gnso-council-bylaws-amendment-clean-30jun09-en.pdf
The Motion passed.

12 Votes in favour:
Adrian Kinderis, Tim Ruiz (Registrar constituency), Jordi  
Iparraguirre, Edmon Chung, Chuck Gomes (gTLD Registries constituency)  
(two votes each)
Avri Doria, Olga Cavalli (Nominating Committee Appointees)(one vote  
each)
3 Abstentions: William Drake, Carlos Souza (Non-Commercial Users  
Constituency), Kristina Rosette (Intellectual Property Constituency).
1 Vote against: Cyril Chua (Intellectual Property Constituency).

Absent Council members: Philip Sheppard, Mike Rodenbaugh, Zahid Jamil  
(Commercial and Business Users Constituency), Ute Decker (Intellectual  
Property Constituency), Tony Holmes, Tony Harris, Greg Ruth (Internet  
Service and Connectivity Providers Constituency),  Mary Wong (Non- 
Commercial Users Constituency), Terry Davis (Nominating Committee  
Appointees), Stéphane van Gelder (Registrar constituency).
Kristina Rosette: Reason for abstention:
It is inappropriate for there to be a vote on the by-laws until we  
have a resolution of the allocation of Board seats 13 and 14 as well  
as the absence of language pertaining to the temporary transitional  
allocation of the six seats in the NCSG.
Bill Drake: Reason for abstention:
Reason for abstention:
I abstain because the document is not done and we are waiting for  
clarification of some closely linked issues that will affect our  
participation in the new GNSO
Carlos Souza: Reason for abstaining:
I understand that the wording regarding the NCSG seats have been  
changed and we do not have the blank space at the end of the clause as  
it was presented in Sydney. However, there are some issues that  
require further input and the document as today is still incomplete on  
that regard.

Posted by:
Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx
http://gnso.icann.org

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Additional notes:

I. The vote was originally scheduled for 24 June 2009, but held over  
at the request of several constituencies.  It has been GNSO Council  
practice to postpone a vote for one (1) meeting when a constituency  
asks for more time for considering the motion within the constituency.
II. The meeting for the vote was originally scheduled for 2 July 2009,  
but was postposed until 9 July 2009 at a council meeting on 25 June  
2009.  There were no recorded objections to the scheduling of the  
meeting for that date.
III. The decision described above, was made according to the ByLaws  
currently in effect:
X.3.9.b. Members entitled to cast a majority of the total number of   
votes of GNSO Council members then in office shall constitute a  
quorum  for the transaction of business, and acts by a majority vote  
of the  GNSO Council members present at any meeting at which there is  
a quorum  shall be acts of the GNSO Council, unless otherwise provided  
herein.
(See Section 5(2) of this Article concerning the number of votes   
that  GNSO Council members may cast.)
IV. The absentee ballot rule was not put in to effect due to  
consultation with Legal Counsel that indicated  that this was neither  
a Policy Process vote nor an Election, and those are the only two  
occasions where the absentee ballot is approved.
V. The Commercial and Business Users Constituency, endorsed by the  
Intellectual Property Constituency and the Internet Service and  
Connectivity Providers Constituency, formally requested that the  
following information be included in the formal notification of the  
vote:
> 1. Of the 21 members of Council, 7 members voted in favour.
> 2. Of the 6 GNSO Constituencies, only 2 voted in favour.