[Gnso-bylaws-dt] Director removal timeline-block comment

Tue Sep 24 15:08:36 UTC 2019

Thanks both of you for the clarification.

Wolf-Ulrich

Am 23.09.2019 um 13:33 schrieb McAuley, David via Gnso-bylaws-dt:
>
> Hello Heather,
>
> In my view, your parenthetical note is exactly right and will help 
> avoid any misunderstanding.
>
> Best regards,
>
> David
>
> David McAuley
>
> Sr International Policy & Business Development Manager
>
> Verisign Inc.
>
> 703-948-4154
>
> *From:* Heather Forrest <haforrestesq at gmail.com>
> *Sent:* Sunday, September 22, 2019 10:44 PM
> *To:* Wolf-Ulrich.Knoben <wolf-ulrich.knoben at t-online.de>
> *Cc:* McAuley, David <dmcauley at Verisign.com>; gnso-bylaws-dt at icann.org
> *Subject:* [EXTERNAL] Re: [Gnso-bylaws-dt] Director removal 
> timeline-block comment
>
> Dear David, Wolf-Ulrich, all,
>
> I can definitely see David's point here. I have added some explanatory 
> language in parentheses in the document: (Note: Annex D, Section 
> 3.1(d)(i) of the ICANN Bylaws requires that the Supported Petition be 
> submitted within 24 hours of receipt. Day 29 is thus the absolute 
> latest for submission, but if a Supported Petition is received prior 
> to Day 28, it must be submitted within 24 hours of the date of receipt.)
>
> Will this work?
>
> Best wishes,
>
> Heather
>
> On Fri, Sep 20, 2019 at 4:06 PM Wolf-Ulrich.Knoben 
> <wolf-ulrich.knoben at t-online.de 
> <mailto:wolf-ulrich.knoben at t-online.de>> wrote:
>
>     David, you're right. The other DP has to provide its decision on
>     Day 28 *the latest*. Why not to leave it up to the GNSO Council to
>     make use of the full remaining time available which could be >24
>     hours?
>
>     So we should find an appropriate wording covering this - maybe
>     relative to the official kick-off of the petition process?
>
>     Best regards
>
>     Wolf-Ulrich
>
>     Am 19.09.2019 um 14:49 schrieb McAuley, David via Gnso-bylaws-dt:
>
>         Dear colleagues on the GNSO drafting team:
>
>         During yesterday’s meeting I promised to send a note to list
>         further explaining my comment in the google-doc with respect
>         to the timeline shown in paragraph 4.2.11 of the director
>         removal process (in this case referring to the document
>         regarding NomCom director removal noted in Annex D, Section 3.1).
>
>         Specifically, I was addressing the last timeline block dealing
>         with ‘Day 29.’ (currently on page 10 of the google-doc
>         <https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_document_d_1YYeAMR5J7a4zN2zTE4LA-5Fhp7sLynsKIqUnQgMWccAy4_edit&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=adDIs0WEx_lLwFfrsdovxTYY8GkRHo5ibc8SR3Npdh8&m=juxHsQ3WGX9g1l41cWOd7Ia02L5jVQD3LvwM7Bkxz_Q&s=oA4vyspZdbdvVAKVy-gcqYVTMekLdQ99rnS96vx8KLY&e=>)
>
>         All action-dates in the timeline are described as ‘*maximum
>         dates*.’
>
>         Here is the nature of my concern.
>
>         In this timeline we are telling the GNSO Council that the
>         timeline may assist them in their efforts to carry out their
>         duties with such removal petitions.
>
>         In the final block (day 29) we essentially say that day 29 is
>         the last date on which the GNSO Rep to the EC can submit a
>         supported petition to the EC and others as indicated.  I think
>         that is a correct statement in theory, but it may prove to be
>         incorrect in practice as an individual petition works its way
>         through the process.
>
>         Bylaw Annex D, 3.1(d)(i) says this, in part:
>
>         //
>
>         /(i) If the … Petitioning Decisional Participant obtains the
>         support of at least one other Decisional Participant … during
>         the /[relevant week]/…, the … Petitioning Decisional
>         Participant shall provide a written notice to the
>         //EC Administration, the other Decisional Participants and the
>         Secretary … *within twenty-four (24) hours of receiving the
>         support * of … /[such]/Decisional Participant. … /(emphasis added)
>
>         Potential supporting decisional participants have a week to
>         make their decision. What if the issue is an easy one and they
>         decide in two days? Then would it not be the case that the
>         GNSO Rep will have to submit the petition by the end of the
>         next 24 hours – days short of day 29?
>
>         If that is the case the GNSO Council might get tripped up by
>         confusing the ‘maximum date’ in theory with the maximum date
>         in practice in any one case. In other words, there may b e a
>         difference between maximum date and required date.
>
>         If this is a correct reading, do we want to somehow flag this
>         potential for earlier action in the document somehow?
>
>         Best regards,
>
>         David
>
>         David McAuley
>
>         Sr International Policy & Business Development Manager
>
>         Verisign Inc.
>
>         703-948-4154
>
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