[Gnso-bylaws-dt] Fwd: [Ntfy-gnso-bylaws-dt] **Reminder** Meeting invitation: GNSO Drafting Team call / Thursday, 26 September 2019 at 21:00 UTC

[Heather Forrest]

Apologies, all - I found a seriously nonsensical typo in my earlier
message! Trying again with the correction below. Sorry for slamming your
inbox.

H


Reminder to all that we have our extra call this week (in roughly 9 hours).

Our sole focus in this extra call is to reach a decision on how/to whom to
submit a petition to remove a director. We need to interpret Bylaws Annex D
in the GNSO context. I have read this again carefully and reviewed the
recordings from our previous calls. Here is my interpretation as a strawman
for our call:

The language of Annex D section 3.1 ((a) "Subject to the procedures and
requirements developed by the applicable Decisional Participant, an
individual may submit a petition to a Decisional Participant...") tells me
that the key terms are "*individual*" and "*Decisional Participant*". As I
understand our previous calls, we all agree (in this contexts and elsewhere
in our work) that "individual" means anyone. The term is not defined in the
Bylaws.

Then in Annex D section 3.1 (b), ("During the period beginning on the date
that the Decisional Participant received the Nominating Committee Director
Removal Petition..."), this tells me that the clock starts when the *Decisional
Participant* receives the petition.

Article 6, section 6.1 defines "Decisional Participant": (a) The Empowered
Community ("*EC*") shall be a nonprofit association formed under the laws
of the State of California consisting of the ASO, the ccNSO (as
defined in *Section
10.1*), the GNSO (as defined in *Section 11.1*), the ALAC (as defined
in *Section
12.2(d)(i)*) and the GAC (each a "*Decisional Participant*" or "associate,"
and collectively, the "*Decisional Participants*").

Annex D, Section 3.1(b) therefore can be read: "During the period beginning
on the date that the *GNSO* received the Nominating Committee Director
Removal Petition...."  Section 11.2 of the Bylaws describes the *GNSO* as
"consist[ing] of" "[a] Number of Constituencies"... "organized within the
Stakeholder Groups". I do not understand 11.2 to allow us to interpret any
single constituency or Stakeholder Group individually as the GNSO. Rather,
the GNSO consists of all of those. Back to Annex D, Section 3.1(b), my view
is that "when the *GNSO* receives the petition" means the GNSO as a whole,
not any individual SG or C. For matters of the EC, the GNSO Council acts
for the GNSO as a whole. Hence the clock starts ticking when the GNSO
Council receives the petition.

If the "individual" in Annex D section 3.1(a) submits the petition to
something other than the GNSO Council, the clock has not yet started.
That's not to say that an individual is prevented from submitting to an
SG/C, but it seems to me that the SG/C is obliged to send on to the Council
ASAP, without debate or discussion. Annex D doesn't give us any ground to
enable an SG or C to delay or discuss, and further, "individual" means the
petitioner, not an SG or C.

I have copied the relevant Annex D section 3.1(a) and (b) below. For ease,
link to the full Bylaws here:
https://www.icann.org/resources/pages/governance/bylaws-en/#annexD

Very best wishes, and thank you for your continued hard work,

Heather

ARTICLE 3 PROCEDURE FOR EXERCISE OF EC'S RIGHTS TO REMOVE DIRECTORS AND
RECALL THE BOARD

*Section 3.1. NOMINATING COMMITTEE DIRECTOR REMOVAL PROCESS*

(a) Subject to the procedures and requirements developed by the applicable
Decisional Participant, an individual may submit a petition to a Decisional
Participant seeking to remove a Director holding Seats 1 through 8 and
initiate the Nominating Committee Director Removal Process ("*Nominating
Committee Director Removal Petition*"). Each Nominating Committee Director
Removal Petition shall set forth the rationale upon which such individual
seeks to remove such Director. The process set forth in this *Section 3.1*
 of *Annex D* is referred to herein as the "*Nominating Committee Director
Removal Process*."

(b) During the period beginning on the date that the Decisional Participant
received the Nominating Committee Director Removal Petition (such date of
receipt, the "*Nominating Committee Director Removal Petition Date*") and
ending at 11:59 p.m. (as calculated by local time at the location of ICANN's
principal office) on the date that is the 21st day after the Nominating
Committee Director Removal Petition Date (as it relates to a particular
Director, the "*Nominating Committee Director Removal Petition Period*"),
the Decisional Participant that has received a Nominating Committee
Director Removal Petition ("*Nominating Committee Director Removal* *Petitioned
Decisional Participant*") shall either accept or reject such Nominating
Committee Director Removal Petition; provided that a Nominating Committee
Director Removal Petitioned Decisional Participant shall not accept a
Nominating Committee Director Removal Petition if, during the same term,
the Director who is the subject of such Nominating Committee Director
Removal Petition had previously been subject to a Nominating Committee
Director Removal Petition that led to a Nominating Committee Director
Removal Community Forum (as discussed in *Section 3.1(e)* of this *Annex D*
).



On Wed, Sep 25, 2019 at 10:47 PM Julie Bisland <julie.bisland at icann.org>
wrote:

> Dear All,
>
>
>
> Please find the meeting information below for the GNSO Drafting Team to
> Further Develop Guidelines and Principles for the GNSO’s Roles and
> Obligations as a Decisional Participant in the Empowered Committee call on
>  *Thursday, 26 September 2019 at 21:00 UTC for 60 minutes.*
>
> 14:00 PDT, 17:00 EDT, 23:00 Paris CEST, (Friday) 02:00 Karachi PKT,
> (Friday) 06:00 Tokyo JST, (Friday) 07:00 Melbourne AEST
>
> For other times: *https://tinyurl.com/yyj4po7l [tinyurl.com]
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> Julie
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