[Gnso-bylaws-dt] Actions & Notes: GNSO Drafting Team Meeting 26 September at 21:00 UTC

Thu Sep 26 22:23:12 UTC 2019

Dear all,

Please see below the action items and notes captured by staff from the GNSO Drafting Team meeting held on 26 September 2019 (21:00-22:00 UTC).  Staff have posted these to the wiki space.  Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/pages/viewpage.action?pageId=117608742.

Please note that all versions of the guidelines may be found on the wiki at: https://community.icann.org/display/GBIDT/Templates+and+Guidelines+Depository.

Best Regards,

Julie & Ariel

Action Items:

3.1 (Nominating Committee Director Removal),
4.1 Who is eligible to submit the Nominating Committee Director Removal Petition to the GNSO Council?

ACTION ITEM 1: On the issue of the definition of “individual” for the purpose of submitting a petition: Need to convey the depth of the discussion when presenting to the Council.  Also link to the transcript.  Also make sure the language is consistent in the motion templates.
ACTION ITEM 2: On the issue of submission of a petition to a Decisional Participant and whether a petition can go to an SG/C: Add a note, "Such Petition can be submitted directly to the Council, transmitted through a SG/C, or through other channels. However, as per 4.2.1 below the date when the GNSO Council receives a Petition marks the beginning of the Petition Period". Link to this transcript for reference in a footnote.  Also make sure the language is consistent in the motion templates.

Section 2.2 (Petition Process for Specific Actions) and Section 2.3 (Rejection Action Community Forum)
4.1 Who is eligible to submit a Rejection Action Petition to the GNSO Council?
Per Section 2.2(b) of Annex D of the ICANN Bylaws, “an individual may submit a petition to a Decisional Participant, seeking to reject the Rejection Action and initiate the Rejection Process (a "Rejection Action Petition").”
“Such an individual must submit his/her Petition meeting the requirements of 4.2.2 below to a GNSO Stakeholder Group or Constituency for transmission to the GNSO Council.”
ACTION ITEM 3: Ariel will check Bylaws section 2.2(b) and circulate a note to the DT.  She also will check the motion templates for consistency.

Notes:

1. Updates to Statements of Interest:  Heather Forrest has been nominated for the position of IPC President.

2. Continue Discussion:

3.1 (Nominating Committee Director Removal): https://docs.google.com/document/d/1YYeAMR5J7a4zN2zTE4LA_hp7sLynsKIqUnQgMWccAy4/edit# [docs.google.com]<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=>

4.1 Who is eligible to submit the Nominating Committee Director Removal Petition to the GNSO Council?
Three Points:
1. Individuals
2. Decisional Participant
3. Process if a Petition Goes to an SG/C – What To Do?

1. Individual
-- Individual means anyone – not necessarily limited to the GNSO community.
-- If it is an individual within the ICANN community, could be outside the GNSO community.
-- Could it be an individual outside the ICANN community?  The ICANN community is all interest registrants and users.  So that’s not limiting.   We’d have to say “member of an AC/SO” to limit things.
-- Bylaws don’t allow us to define “individual” narrowly.  Can be any person.
-- Since we don’t have a clear definition, we should hope it is a human being – not a bot.
ACTION: Need to convey the depth of the discussion when presenting to the Council.  Also link to the transcript.

2. Decisional Participant and 3. Process if a Petition Goes to an SG/C – What To Do?
“Such an individual must submit his/her Petition meeting the requirements of 4.2.2 below to: 1) a GNSO Stakeholder Group or Constituency for transmission to the GNSO Council; or 2) the GNSO Council directly.”
-- Bylaws Annex D, 3.1 – needs to be submitted to a “Decisional Participant”.
-- Have to interpret Decisional Participant as the GNSO.  The functional body is the GNSO Council.
-- The language that introduces the section – GNSO, ccNSO, etc. could come up with a procedure that the petition could be submitted to an SG/C, but how they choose to receive it is up to them.  If it is delivered to an SG/C then that is when the clock starts.  In the case of the GNSO, the clock starts when the petition is received by the GNSO Council.
-- This opens the question of whether should be having other procedures?  Do we want to say that the petition goes to Council and once it goes there then the clock starts ticking.  Set up a special mail box that will send an alert to Council.
-- Make it clear that if the petition is submitted to the SG/C the clock starts ticking when the GNSO Council receives it.
-- Note in 4.2.1: “The date when the GNSO Council receives a Petition marks the beginning of the Nominating Committee Director Removal Petition Period”
-- Revise 4.1 to say: “Such a petition must be submitted to the GNSO, as a Decisional Participant, to its representative body, the GNSO Council.  This can occur via an SG/C or directly.”
-- When we have a clause that says that delivery can go via the SG/C then that would start the clock.
-- Change to: “If an SG/C receives a petition, that petition must be forwarded to the GNSO Council.”
ACTION: Add a note, “"Such Petition can be submitted directly to the Council, transmitted through a SG/C, or through other channels. However, as per 4.2.1 below the date when the GNSO Council receives a Petition marks the beginning of the Petition Period". Link to this transcript for reference in a footnote.

Section 2.2 Petition Process for Specific Actions and Section 2.3 Rejection Action Community Forum: https://docs.google.com/document/d/1g-FNo2qm0Ohc6osJJ20sud1O5yDg9xv1v5Ux0n9Z9Ic/edit

4.1 Who is eligible to submit a Rejection Action Petition to the GNSO Council?
Per Section 2.2(b) of Annex D of the ICANN Bylaws, “an individual may submit a petition to a Decisional Participant, seeking to reject the Rejection Action and initiate the Rejection Process (a "Rejection Action Petition").”
“Such an individual must submit his/her Petition meeting the requirements of 4.2.2 below to a GNSO Stakeholder Group or Constituency for transmission to the GNSO Council.”
-- Make consistent with 3.1?  Yes.
-- Note that the timing is different, but keep it consistent with the other guidelines and at Bylaws 2.2(b).
ACTION: Ariel will check Bylaws section 2.2(b) and circulate a note to the DT.  Also will check the motion templates.
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