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

["Roberto Gaetano" <roberto@xxxxxxxxx>]

The SIC acknowledges receipt of this formal communication.
Thanks, Avri.
R.

 

> -----Original Message-----
> From: Avri Doria [mailto:avri@xxxxxxx] 
> Sent: Wednesday, 15 July 2009 06:27
> To: secretary@xxxxxxxxx; Peter Dengate Thrush; Roberto 
> Gaetano; gnso-council-draft@xxxxxxxxx
> Cc: gnso-restruc-dt@xxxxxxxxx
> Subject: Notification of results in GNSO Council vote on 
> Recommended By Laws changes 
> 
> 
> 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
> 
> --------------------------------------------------------------
> ------------------------------------------------
> 
> 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-a
mendment-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
> 
> ----------------------
> 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.
> >
> >
> 
> 
> 
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