[soac-newgtldapsup-wg] Taking the "jointly, but differently" question to Counsel

[Eric Brunner-Williams <ebw@xxxxxxxxxxxxxxxxxxxx>]

Colleagues,

I'd like the question of what "jointness" means when two bylaws 
entities charter an activity, but their respective charters differ on 
some substantive issue.
I think the question will come up again, as "jointness" is a model 
that is likely to be used by others.
While there is the difference issue to the chartering organizations, 
in the present instance, the ALAC and the GNSO, which may do as each 
pleases, the chartering organizations are only responsible for their 
respective processes and their resulting charter(s). They are not the 
sole parties responsible for Accountability and Transparency arising 
from their "jointness", nor for any work product arising from their 
"jointness", only for the acceptance or rejection of their 
co-chartered activities.
I think this working group, as it is aware that its "jointness" is now 
unsettled, can, and should, inform Counsel and request an opinion.
It may be that "jointness" has no place in ICANN under the bylaws, and 
that the best that can be managed is joint meetings among the 
severally chartered work groups, as many bylaws entities currently 
practice, e.g., the GAC-Board meeting at Cartagena.
Eric