[CCWG-ACCT] Fwd: FW: Adopted motion

Tue Oct 4 05:36:36 UTC 2016

*From:* Marika Konings
*Sent:* Thursday, September 29, 2016 11:33 PM
*To:* Glen de Saint Géry <Glen at icann.org>
*Subject:* Adopted motion

*Motion - GNSO Validation of CCWG-Accountability Budget Request*

Made By: James Bladel

Seconded by: Julf Helsingius, Keith Drazek

WHEREAS,

1.      Per its Charter, the Project Cost Support Team (PCST) has supported
the CCWG-Accountability in developing a draft budget and cost-control
processes for the CCWG-Accountability activities for FY17, and has also
developed a historical analysis of all the transition costs to date (see
https://gnso.icann.org/mailing-lists/archives/council/pdfpklU5q6Ojg.pdf).

2.      The CCWG-Accountability FY17 budget was presented at its plenary
meeting of June 21st and approved for transmission to the Chartering
Organizations for validation as per the process agreed with the PCST. This
request for validation was received on 23 June.

3.      Following review and discussion during ICANN56, the GNSO Council
requested a webinar on this topic which was held on 23 August (see
transcript at https://gnso.icann.org/en/meetings/transcript-ccwg-
accountability-webinar-23aug16-en.pdf, recording at
http://audio.icann.org/gnso/gnso-ccwg-accountability-webinar-23aug16-en.mp3
and AC recording at https://icann.adobeconnect.com/p8fu99qpt7d/).

4.     The GNSO Council notes that many members of the GNSO community have
expressed the view that the projected budget does not likely support
revisiting the topic of the jurisdiction of ICANN’s organization in that
such exploration would likely require substantial independent legal advice
on alternative jurisdictions and their potential impact on the text and
structure of ICANN’s Bylaws.

5.      The GNSO Council has discussed and reviewed all the relevant
materials.

RESOLVED,

1.      The GNSO Council hereby accepts the proposed CCWG-Accountability
FY17 budget, as well as the cost-control processes presented in conjunction
with the CCWG budget, expects the working groups to be restrained and
judicious in their use of outside legal assistance, and believes that the
Legal Committee should exercise reasonable and effective controls in
evaluating requests for outside legal assistance and should approve them
only when deemed essential to assist a working group to fully and
objectively understand and develop a particular course of action for which
the group has reached a substantial degree of consensus and requires legal
advice on its risks and feasibility.

2.      The GNSO Council expects to receive regular updates on actual
expenditures as tracked against this adopted budget, and reserves the right
to provide further input on the budget allocation in relation to the
CCWG-Accountability related activities.

3. The GNSO Council expects ICANN staff, including its office of General
Counsel, to provide the assistance requested by the CCWG and its working
groups in an expeditious, comprehensive, and unbiased manner.

4.      The GNSO Council expects the CCWG-Accountability and staff to work
within the constraints of this approved budget, and that excess costs or
requests for additional funding beyond said budget should be recommended by
the Legal Committee only when deemed essential to completion of the CCWG’s
work and objectives. .

5.      It is the position of the GNSO Council that revisiting the
jurisdiction or organization of the ICANN legal entity, as established by
CCWG-Accountability Work Stream 1,  would not likely be supported by this
projected budget and, further, that such inquiry should not be undertaken
at this time because the new accountability measures are all premised and
dependent on California jurisdiction for their effective operation, and any
near-term changes in organizational jurisdiction could be extremely
destabilizing for ICANN and its community.

6.      The GNSO Council requests the GNSO Secretariat to communicate this
resolution to the CCWG-Accountability Chairs, and to the office of the
ICANN CFO.

*Marika Konings*

Senior Policy Director & Team Leader for the GNSO, Internet Corporation for
Assigned Names and Numbers (ICANN)

Email: marika.konings at icann.org

*Follow the GNSO via Twitter @ICANN_GNSO*

*Find out more about the GNSO by taking our interactive courses
<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages
<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-efforts.htm#newcomers>.*
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