[gnso-improvem-impl-sc] AW: SCI

[KnobenW at telekom.de]

Thanks Marika, I just share it with the team.



Best regards
Wolf-Ulrich



________________________________
Von: Marika Konings [mailto:marika.konings at icann.org]
Gesendet: Donnerstag, 6. September 2012 14:34
An: Knoben, Wolf-Ulrich
Betreff: Re: SCI

Hi Wolf,

Please see the transcript below.

With best regards,

Marika

Julie Hedlund:Hi Marika I just
  Julie Hedlund:joined
  Marika Konings:Hi Julie
  Marika Konings:Analysis is up now.
  avri:The opinion that says Avri can be marked as NCSG.
  J. Scott Evans:I think there has already been an issue, the problem was there was no formal process for considering the issue
  Ron A:@ Avri: ltd to one to ensure no stonewalling
  Ron A:BC supports status quo
  Ron A:Agree with argument; but safeguard the principle
  Ron A:My point Avri!
  J. Scott Evans:If we leave it as is, then I think we need be very specific in our reasoning by pointing out that we believe that the Chair  has the discretion to deny.  That needs to be clearly ennunciated.
  Ron A:What happens if the chair is biased for or against?
  Ron A:bias by way of affiliation
  J. Scott Evans:Good question Anne.
  J. Scott Evans:I thought Stephane clearly stated that he could NOT deny request because he had no process for doing so.  Hence, theis issue coming to the  SCIU
  avri:Except in PDPD's where it has been enshrined, it is just a priactice and practice belongs to the chair.
  J. Scott Evans:SCI
  avri:PDP's not PDPD's
  Anne Aikman-Scalese:Chair cannot choose without authority to do so in governance documents, I think.
  Anne Aikman-Scalese:Principle should not depend on which particular individual holds the position of Chair of the GNSO.  Authority to override a deferral should be clear if it is needed.
  J. Scott Evans:If you want to keep it as is, I think that we need to clearly state that the Chair has discretion to deny or to put to a vote.
  Ray Fassett - RySG:agree with J Scott
  J. Scott Evans:In other words, clearly state that the request does not HAVE to be automatically granted
  Ron A:@ J +1
  Anne Aikman-Scalese:Agree with J. Scott and Ray but we should cite to the basis for this opinion by SCI.
  Ron A:8 days for larger institutions that make up the BC or ISCP need more than 8 days Avri
  Ray Fassett - RySG:Anne-perhaps can cite the rationale as the checks balances that exist in procedures for the chair to always act neutral
  Anne Aikman-Scalese:Yes, but overriding a deferral may not be seen as "neutral".
  Ray Fassett - RySG:in that situation, there are procedures for others to bring that complaint, I believe
  Anne Aikman-Scalese:Yes, but do we really want to put the GNSO Chair in that position in relation to complaints?
  avri:i disagree with coffying what the chair can and can't do.
  avri:coffying - codifying.
  Ron A:@ Anne: we are only giving recommendations back to council at teh SCI
  Ron A:SCI recommendations
  avri:each chair gets to interpret on her own.
  Ron A:Let the Chair's authority be challenged by test of the principle
  avri:and if she is deemd to have done wrong by the g-council, she can be removed or not re-elected.  Otherwise we will need 10 volumes of g-council rules.
  Ray Fassett - RySG:agree with ron and avri
  Ron A:@ J - fully agree with your summation
  avri:The working on this goes too far for me.  I do not think we should be offereing specific alternatives.
  Ray Fassett - RySG:agree with j scott
  Ron A:The reasoning doesn't havet to go to far into the weeds
  Anne Aikman-Scalese:J. Scott, Are you saying the deferral  practice itself is discretionary with the Chair so the denial of a deferral is also discretionary?
  J. Scott Evans:Anne:  Yes, picking up on Avri's point, the deferral practice is courtesy that has historically been extended at the discretion of the Chair.
  J. Scott Evans:And that there shoujld be no assumption that that disrection must be exercised in all cases.
  Ron A:Good bye all
  J. Scott Evans:or extended I should say
  Ray Fassett - RySG:thanks Wolf
  Wolf Knoben:Thanks all

From: "KnobenW at telekom.de<mailto:KnobenW at telekom.de>" <KnobenW at telekom.de<mailto:KnobenW at telekom.de>>
Date: Thursday 6 September 2012 05:53
To: Marika Konings <marika.konings at icann.org<mailto:marika.konings at icann.org>>
Subject: SCI

Hi Marika,

Could you please provide us with the chat of the last SCI meeting?

Thanks and
Best regards
Wolf-Ulrich Knoben



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