[council] Follow up on proposed revisions to GNSO Operating Procedures and ICANN Bylaws

[Rafik Dammak]

Hi Marika,

I support scheduling a separate call for this topic.

Best,

Rafik

2017-09-27 23:53 GMT+09:00 Marika Konings <marika.konings at icann.org>:

> Dear All,
>
>
>
> Following up on the update on the revised GNSO Operating Procedures and
> ICANN Bylaws that was provided during the last meeting (see
> https://gnso.icann.org/en/drafts/gop-bylaws-20sep17-en.pdf), I wanted to
> highlight that even though the staff report is long and addresses all the
> post-transition Bylaw changes and how these have been addressed as a result
> of the Bylaws DT recommendations, the actual changes to the GNSO Operating
> Procedures and the ICANN Bylaws are fairly limited. As such, I would
> recommend that you review the attached redline versions so that you get a
> better sense of the changes that are being proposed. To summarize, the
> redline includes:
>
>
>
>    1. Changes to section 11.3.i of the ICANN Bylaws to reflect
>    new GNSO voting thresholds1
>    <https://www.icann.org/public-comments/gnso-op-procedures-2017-06-19-en#foot1>which
>    are different from the current threshold of a simple majority vote of each
>    House.
>    2. Changes to the GNSO Operating Procedures, section 4.9 (Consent
>    Agenda) to reflect that certain decisions are to be confirmed
>    "automatically" by the GNSO Council through its consent agenda.
>    3. Addition to the GNSO Operating Procedures to clarify that in
>    specific circumstances, the GNSO Council may waive the timeframes currently
>    referenced in the GNSO Operating Procedures in relation to submission of
>    motions as well as scheduling of meetings to meet its obligations under the
>    timelines outlined in the ICANN Bylaws as a Decisional Participant.
>    4. Addition to the GNSO Operating Procedures to clarify that certain
>    petitions submitted by an individual must be submitted through
>    a GNSO Stakeholder Group or Constituency to the GNSO Council for
>    consideration. For this purpose, each GNSO Stakeholder Group and
>    Constituency must develop clear rules for the submission of such petitions,
>    including any requirements for the criteria to be included in a petition.
>    These rules would be added to the GNSO Operating Procedures as an annex
>    once available.
>    5. Addition to the GNSO Operating Procedures to clarify that all
>    petitions concerning a director removal process submitted by an individual
>    must be submitted directly to the GNSO Council. For this purpose,
>    the GNSO Council will develop a clear process and rules for the submission
>    of such petitions, including any requirements for the criteria to be
>    included in a petition. These rules would be added to the GNSO Operating
>    Procedures as an annex once available.
>
>
>
> In addition to these modifications, the redline version also includes the
> following updates:
>
>    - Updated references to the ICANN Bylaws as many changed as a result
>    of the post-transition Bylaws;
>    - Updated the generalized schedule for board elections to align it
>    with the timing as well as notification requirements outlined in the
>    post-transition Bylaws;
>    - Included references to the Governmental Advisory Committee (GAC)
>    Quick Look Mechanism in the PDP Manual as a result of
>    the GAC-GNSO Consultation Group recommendations, and;
>    - Included references to the inclusion of a draft PDP WG Charter in
>    the Preliminary Issue Report in the PDP Manual as a result of
>    the GNSO Improvements recommendations.
>
>
>
> As noted during my presentation during the last Council meeting, in
> response to the public comments provided, staff would suggest making the
> following updates:
>
>    - In relation to the waiver for petitions and the suggestion by the
>    IPC that any recommendations in this regard are unanimously taken by the
>    GNSO Chair and Council Vice-Chairs, staff notes that the proposed language
>    reads ‘as recommended by the GNSO Chair and Council Vice-Chairs’ which
>    implies that this is a unanimous recommendation. However, should there be a
>    desire to explicitly state this assumption, the following wording could be
>    considered ‘as recommended unanimously by the GNSO Chair and Council
>    Vice-Chairs’.
>    - Clarifying the voting results table in Appendix 1 with regards to
>    approval of a petition and approval of a petition notice to remove a
>    director holding seat 13 or 14 by changing >75% of one to  >75% of the
>    House that appointed the Director
>
>
>
> As pointed out during the meeting, until such time the GNSO Council adopts
> the revised GNSO Operating Procedures and ICANN Bylaws the existing rules
> apply to any actions and/or decisions related to the GNSO as a member of
> the Empowered Community.
>
>
>
> If it would be helpful, staff would be more than willing to schedule a
> separate call to go through the proposed changes as well as any questions
> you may have. Just let us know and we can schedule accordingly.
>
>
>
> Best regards,
>
>
>
> Marika
>
>
>
> *Marika Konings*
>
> *Vice President, Policy Development Support – GNSO, Internet Corporation
> for Assigned Names and Numbers (ICANN) *
>
> *Email: marika.konings at icann.org <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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