[gnso-improvem-impl-sc] New task - Councilor Training
Marika Konings
marika.konings at icann.org
Wed Jan 16 08:33:58 UTC 2013
All, in relation to this discussion, it may be worth sharing with you the
following message from Rob Hoggarth that was sent to the GNSO Council
mailing list on 26 October following a relatively similar discussion:
====================
Dear Jonathan, Maria and Wolf-Ulrich;
In view of your recent dialogue about Councilor learning curves and
induction materials, I wanted to advise the Council that as part of "Phase
2" of the updated GNSO.icann.org website, staff is currently developing
introductory materials to use as a standing resource for councilors and
community members on a variety of introductory "basic" topics such as GNSO
Working Group formation and operations, PDP procedures, communications tools
and guides for new councilors and working group chairs.
We are working to leverage existing materials including some that Glen
currently gathers and shares when new Councilors come on board.
The materials will ultimately find a home on the "Basics" tab of the GNSO
web site - http://newgnso.icann.org/en/basics/getting-started. We will
alert you all as those materials are added to the site.
On the horizon we envision developing other materials for the page on
particular topics like a "DNS 101 Guide". We would welcome suggestions
about additional topics and subjects that any of you think might be of value
as a future addition to the Basics Tab as either a refresher or introduction
to a particular matter for interested community members.
In the meantime, I hope the currently structured Active
Projects/Groups/Teams page
(http://newgnso.icann.org/en/group-activities/active-groups.htm) and the
document linked to the Pending Projects List page
(http://newgnso.icann.org/en/ongoing-work/pending-projects-list.htm ) of the
GNSO web site will provide some useful status, background and context
information regarding the full range of current GNSO Council matters, issues
and topics of interest.
Best regards,
Rob Hoggarth
====================
I'm sure Rob would also gladly consider any suggestions the SCI may have in
addition to the introductory topics already outlined in his email.
With best regards,
Marika
From: Ron Andruff <randruff at rnapartners.com>
Organization: RNA Partners
Date: Tuesday 15 January 2013 23:23
To: "gnso-improvem-impl-sc at icann.org" <gnso-improvem-impl-sc at icann.org>
Subject: RE: [gnso-improvem-impl-sc] New task - Councilor Training
Dear all,
I think that the concept of providing a new councilor primer is an excellent
idea and one that we should give more thought to. Indeed, if all new
Councilors are provided with a briefing on their mandate, documents that
they should review, etc. that would serve the ICANN community and its
various constituencies well. Moreover, a neutral presentation of
roles/responsibilities and what is expected of them, may go further to
assist new councilors in learning how to find consensus. Something we can
all agree has been lacking in the trench warfare that we have seen in
Council over the years.
Thanks to Jennifer and Anne for bringing this idea forward. Let¹s explore
this further.
Kind regards,
RA
Ronald N. Andruff
RNA Partners, Inc. <http://www.rnapartners.com>
From: owner-gnso-improvem-impl-sc at icann.org
[mailto:owner-gnso-improvem-impl-sc at icann.org] On Behalf Of Aikman-Scalese,
Anne
Sent: Tuesday, January 15, 2013 2:41 PM
To: 'Alain Berranger'; Jen Wolfe
Cc: Neuman, Jeff; Mary.Wong at law.unh.edu; avri at acm.org;
gnso-improvem-impl-sc at icann.org
Subject: RE: [gnso-improvem-impl-sc] New task
Hi all,
I find myself a bit more concerned about the possible effect of such a rule
on quashing motions for reconsideration. There may even be changed
circumstances that might justify reconsideration and one would not want to
make a rule that no motion that has previously been voted upon can be
brought before the Council again.
I also tend to wonder whether a Councilor, especially a newer Councilor,
laboring under a misimpression about the conflict of interest rules, might
not, in itself, constitute a changed circumstance. Maybe I am less critical
because the Councilor in question is an IPC Councilor and also a very good
lawyer. If he was confused about this, I consider it possible that anyone
might be. So I tend to disagree that if the Councilor in question had been
NCSG, that there would have been a uproar about the change in vote (or at
least there shouldn't be in an ideal ICANN world).
There is an aspect of this which for me involves "Do unto others as you
would have others do unto you." So it seems that if we say this is okay the
way it happened, the same leniency is given going forward to any Councilor
who labors under a misunderstanding of Council rules, subject perhaps to the
discretion of the Chair in bringing the motion again.
The harder line would be: "Dear Councilor: You are responsible for knowing
all the rules before you vote and no misunderstanding on your part as to any
issue can serve as a basis for resubmission of a motion." If we go this
route, new Councilors should definitely be trained accordingly. Do new GNSO
Councilors receive training and orientation as is the norm for most Boards?
Anne
Anne E. Aikman-Scalese
Of Counsel
Lewis and Roca LLP € Suite 700
One South Church Avenue € Tucson, Arizona 85701-1611
Tel (520) 629-4428 € Fax (520) 879-4725
AAikman at LRLaw.com € www.LewisandRoca.com/Aikman
<http://www.lewisandroca.com/Aikman>
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From: owner-gnso-improvem-impl-sc at icann.org
[mailto:owner-gnso-improvem-impl-sc at icann.org] On Behalf Of Alain Berranger
Sent: Tuesday, January 15, 2013 11:26 AM
To: Jen Wolfe
Cc: Neuman, Jeff; Mary.Wong at law.unh.edu; avri at acm.org;
gnso-improvem-impl-sc at icann.org
Subject: Re: [gnso-improvem-impl-sc] New task
Thanks Jennifer,
Common sense speaks again! The black belt argument will often close a
discussion, though!!!! ;-) Many involved with ICANN would likely benefit
from six sigma training... including myself!
Let's see what the Standing Committee on GNSO Improvements Implementation I
discussions will lead too.
Cheers, Alain
On Fri, Jan 11, 2013 at 9:37 AM, Jen Wolfe <jwolfe at wolfedomain.com> wrote:
Hi everyone,
I hope your new year is off to a great start. I know I am new to the
council and this committee so forgive me if I am misunderstanding our role,
but what confused me about this particular issue was that all of the
councilors had the opportunity for discussion, to ask questions and for
consensus. A vote was taken and then a councilor asked further clarifying
questions and then wanted to change his vote. From a strictly process
standpoint, I am not clear on why a new vote should be allowed once the time
for discussion and clarifying questions close. In any other parliamentary
procedure, legislative body or corporate governance on boards, once a vote
is taken, that¹s it, even if someone misunderstood something procedurally or
substantively.
I fully understand the need for consensus, but once discussion closes and a
vote is taken, from a process and procedural standpoint, it¹s a slippery
slope to start allowing votes to be re-opened because one person asked a
clarifying question after the vote was taken. It not only takes up valuable
time of the council in discussing new issues, but could be used
inappropriately in the future if this were permissible.
I look forward to participating in this committee. I have a black belt in
six sigma process improvement and pride myself on finding ways to function
more efficiently and hope I can provide meaningful contributions to this
committee.
Have a great weekend!
jennifer c. WOLFE, esq., apr, SSBB
managing director, wolfe domain, a digital brand strategy adivsory firm
managing partner, wolfe, sadler, breen, morasch & colby, an intellectual
property law firm
IAM 300 - TOp 300 global ip strategists 2011 & 2012
Follow Me: <http://www.linkedin.com/in/jenwolfe>
<http://pinterest.com/wolfedomain/> <https://twitter.com/jenwolfe>
Blog: What will you do when your CEO asks why you didn¹t apply for a gTLD?
<http://jenwolfe.com/c-suite/>
Book: Domain Names Rewired
<http://www.amazon.com/Domain-Names-Rewired-Strategies-Protection/dp/1118312
627>
From:owner-gnso-improvem-impl-sc at icann.org
[mailto:owner-gnso-improvem-impl-sc at icann.org] On Behalf Of Neuman, Jeff
Sent: Thursday, January 10, 2013 3:05 PM
To: Alain Berranger; Mary.Wong at law.unh.edu
Cc: avri at acm.org; gnso-improvem-impl-sc at icann.org
Subject: RE: [gnso-improvem-impl-sc] New task
All,
I am still missing the rationale as to why the NCSG representatives believe
this rule should be in place for a bottom-up consensus driven organization.
Please help me understand.
Jeffrey J. Neuman
Neustar, Inc. / Vice President, Business Affairs
From: Alain Berranger [mailto:alain.berranger at gmail.com]
Sent: Thursday, January 10, 2013 3:01 PM
To: Mary.Wong at law.unh.edu
Cc: avri at acm.org; gnso-improvem-impl-sc at icann.org;
jonathan.robinson at ipracon.com; Neuman, Jeff
Subject: Re: [gnso-improvem-impl-sc] New task
I agree fully with Mary's arguments.
Best, Alain
On Wed, Jan 9, 2013 at 12:16 PM, <Mary.Wong at law.unh.edu> wrote:
Thanks, Jonathan and Jeff. As I won't be on the SCI call this week, my view,
FWIW, is that a motion that is properly introduced, seconded and voted on
should NOT be re-introduced (whether in its original form or tweaked) in the
absence of clear evidence indicating fraud, duress or other similar
circumstance surrounding the original introduction/seconding/vote in
relation to the motion. In this regard, Councilors' ignorance of the rules
(e.g. effect of an abstention), and lack of instruction/direction from a
Councilor's particular constituency/SG, should NOT count as the type of
circumstance that ought to permit a reintroduction or re-vote on what in
substance is the same motion.
Cheers
Mary
Mary W S Wong
Professor of Law
Director, Franklin Pierce Center for IP
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRESCHOOL OF LAW
Two White Street
Concord, NH 03301
USA
Email: mary.wong at law.unh.edu
Phone: 1-603-513-5143 <tel:1-603-513-5143>
Webpage: http://www.law.unh.edu/marywong/index.php
Selected writings available on the Social Science Research Network (SSRN)
at: http://ssrn.com/author=437584
>>> "Jonathan Robinson" 01/10/13 1:12 AM >>>
All,
My understanding of the role of the SCI is to determine how improvements may
be made for the future.
When the motion was re-submitted to the December meeting, I do not believe
that there was any procedure to guide the Council on the re-introduction of
a motion that had recently been voted on.
This specific issue has highlighted that we may need something to guide us
on this in future. I do not believe that the SCI?s hands are tied at all.
We have one useful example which raised concerns and now need to look at as
general solution as possible for the future in order to cover both the
example that raised the concern and other cases which may occur in future.
Thanks,
Jonathan
From:owner-gnso-improvem-impl-sc at icann.org
[mailto:owner-gnso-improvem-impl-sc at icann.org] On Behalf Of
Mary.Wong at law.unh.edu
Sent: 09 January 2013 16:58
To: avri at acm.org; gnso-improvem-impl-sc at icann.org
Cc: jonathan.robinson at ipracon.com; Jeff.Neuman at neustar.us
Subject: Re: [gnso-improvem-impl-sc] New task
I support Avri's points generally, and would add the following in this
specific instance:
- the initial vote was properly proposed, seconded and voted on.
- just as ignorance of the law is no excuse, the fact that Councilors were
not aware of the implications of an abstention (when, frankly, they should
be as it's in the rules plain as day) should not permit a re-introduction of
something that was properly introduced and voted on.
- In this case I don't know if the specific constituency impacted had given
instructions to its Councilors as to how to vote. Even if they did not, the
fact remains that these are very clearly set out in the GNSO rules, and if a
constituency or Councilors did not know or did not make the time to
discuss/decide, that is a very poor excuse for reintroducing a motion
(again, one properly introduced, seconded and voted on).
- In an ideal world, the Council should have suspended the matter and
referred the issue of a re-introduction/reconsideration of such a motion
(without necessarily specifying the actual motion or context) to the SCI
before re-opening the vote. As it is, it seems as though the SCI's hands are
somewhat tied since the second motion did get voted on and went through -
the mind boggles at an SCI determination that this re-introduction and vote
was improper or invalid, especially in the currrent somewhat sensitive
context within which ICANN is operating.
Cheers
Mary
Mary W S Wong
Professor of Law
Director, Franklin Pierce Center for IP
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRESCHOOL OF LAW
Two White Street
Concord, NH 03301
USA
Email: mary.wong at law.unh.edu
Phone: 1-603-513-5143 <tel:1-603-513-5143>
Webpage: http://www.law.unh.edu/marywong/index.php
Selected writings available on the Social Science Research Network (SSRN)
at: http://ssrn.com/author=437584
>>> Avri Doria <avri at acm.org> 01/09/13 2:01 PM >>>
Another thought experiment.
There was a recent g-council vote where, in a rare event, the NCSG Policy
Council had decided on an unanimous vote on an issue. But during the vote,
some voters got confused and voted against.
Would it have been appropriate for us to demand a re-vote?
Had one of us been g-council Chair, would it have ben right for us to just
reschedule the vote without even getting the g-councl to discuss and perhaps
even vote on the notion of reconsidering the vote?
A general question, anytime from now on, when a SG or Constituency beleive
that its voters went against the will of the SG/C should they be able to
have a vote rescheduled at the next meeting?
avri
On 9 Jan 2013, at 00:54, Avri Doria wrote:
>
> Even Robert's Rules of Order has rules on when and how a motion can be
reconsidered or rescinded (10.5). The Board of ICANN has rules on
reconsideration in the ByLaws.
>
> One specific requirement for reconsideration under Roberts is that one of
those on the prevailing side ask for the reconsideration. In this case it was
the Chair who had been on the losing side.
>
> We need rules on when it is done and on how it should be done.
>
> avri
>
>
>
> On 9 Jan 2013, at 00:30, J. Scott Evans wrote:
>
>> I tend to agree,
>>
>> From: Aikman-Scalese, Anne <AAikman at lrlaw.com>;
>> To: 'Avri Doria' <avri at acm.org>; Jeff Neuman <Jeff.Neuman at neustar.us>;
gnso-improvem-impl-sc at icann.org <gnso-improvem-impl-sc at icann.org>;
>> Cc: Jonathan Robinson <jonathan.robinson at ipracon.com>;
>> Subject: RE: [gnso-improvem-impl-sc] New task
>> Sent: Wed, Jan 9, 2013 5:27:47 AM
>>
>>
>> Hi all,
>> What I am struggling with procedurally is a basic "Robert's Rules" type
inquiry. Namely: - I don't know of anything procedurally that would permit a
motion that is moved and seconded from being voted on, no matter how obnoxious
anyone finds the motion to be. I guess this is what we are going to discuss
tomorrow.
>
> the issue was voting again after it had already been defeated.
>
>>
>> I would like to ask whether there are specific provisions in the GNSO
Operating Procedures regarding introduction of motions that staff can provide
prior to our call.
>
> It is all in the g-counci Procedures.
> And is says nothing on reconsideration or rescinding of decisions already
made.
>
>
>>
>> Thank you
>> Anne
>>
>>
>> Anne E. Aikman-Scalese
>> Of Counsel
>> Lewis and Roca LLP * Suite 700
>> One South Church Avenue * Tucson, Arizona 85701-1611
>> Tel (520) 629-4428 <tel:%28520%29%20629-4428> * Fax (520) 879-4725
<tel:%28520%29%20879-4725>
>> AAikman at LRLaw.com * www.LewisandRoca.com/Aikman
<http://www.LewisandRoca.com/Aikman>
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>> If the reader of this message is not the intended recipient, or the
>> agent responsible to deliver it to the intended recipient, you are
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original message.
>>
>> -----Original Message-----
>> From: owner-gnso-improvem-impl-sc at icann.org
[mailto:owner-gnso-improvem-impl-sc at icann.org] On Behalf Of Avri Doria
>> Sent: Tuesday, January 08, 2013 10:16 PM
>> To: Jeff Neuman; gnso-improvem-impl-sc at icann.org
>> Cc: Jonathan Robinson
>> Subject: Re: [gnso-improvem-impl-sc] New task
>>
>>
>> Hi,
>>
>> I guess I do not support that.
>>
>> I think a motion should only be voted on once. and that to bring it back,
something must have changed or a reasonable amount of time should have past.
>>
>> And no we use votes to count the up to the thresholds defined for motions to
pass. We may euphemistically use the word consensus, but it has NOTHING to do
with consensus. If anything the consensus is in the work of the WGs and not in
the votes of the management team, i.e. g-council.
>>
>> I believe that what happened in that meeting is something that should never
be allowed to happen again. And if we need rules to keep the chair from doing
things like that, something I admit never entered my imagination of things that
could go wrong, then we need new rules.
>>
>> A thought experiment: Just imagine the uproar in the council if an NCUC based
g-council chair had dared to some like this when the vote did not go her way.
>>
>> avri
>>
>> On 8 Jan 2013, at 21:24, Neuman, Jeff wrote:
>>
>>>
>>> Avri,
>>>
>>> Yes, I know we use voting to measure consensus. But in the end, the spirit
is to achieve consensus on policy items. The fact that it took two votes to do
so should not prejudice the results. Again, if there was some evidence of wrong
doing, fraud etc., that would be one thing. But that did not happen.
>>>
>>> I support the ability to re-vote on any item unless there is evidence of
misconduct, harassment, fraud, etc.
>>>
>>> Best regards,
>>>
>>> Jeffrey J. Neuman
>>>
>>> Sent from iPad. Please excuse any typos.
>>>
>>>
>>> -----Original Message-----
>>> From: Avri Doria [mailto:avri at ella.com]
>>> Sent: Tuesday, January 08, 2013 08:29 PM Eastern Standard Time
>>> To: Neuman, Jeff
>>> Cc: gnso-improvem-impl-sc at icann.org; Jonathan Robinson
>>> Subject: Re: [gnso-improvem-impl-sc] New task
>>>
>>> Hi,
>>>
>>> Sorry, that may be what the reviews intended at one point, but that is not
what the current regulations say. Due to the agreement between the SG at the
time, a very strict voting regime was adopted and approved by the Board for the
g-council. G-council has such a complicated voting structure that the
Secretariat has a special tool to help them figure out when a motion has passed
or not.
>>>
>>> To now claim that g-council is a consensus body does not match the reality
of the situation.
>>>
>>> avri
>>>
>>>
>>> On 8 Jan 2013, at 19:37, Neuman, Jeff wrote:
>>>
>>>>
>>>> I will restate what I said on the Council call. We are not supposed to as a
group focus on voting. We are supposed to come to "consensus" on items. If there
is a "consensus" at any time of the Council on any given policy (provided that
the processes were followed by the working group making the recommendation),
then that is what should govern. The last evolution and reform of icann report
by the London School of Economics as supported by the Board Governance Committee
emphasized this over and over again. We are not supposed to be a voting body, so
lets focus back on consensus.
>>>>
>>>> All of the comments I have seen from those that did not like the result in
the last council meeting have not addressed the fact that ultimately there was a
"consensus" on the issue. The fact that there had to be a second measurement of
consensus on the item to me seems irrelevant and unnecessarily procedural. There
was no abuse of process. There was no abuse within the working group making the
recommendation. There is not evidence that there were improper conflicts, etc.
Absent any showing of abuse, harassment, fraud, illegality, or willful
negligence, I believe having a second measurement of consensus is not an issue.
>>>>
>>>> Best regards,
>>>>
>>>> Jeffrey J. Neuman
>>>>
>>>> Sent from iPad. Please excuse any typos.
>>>>
>>>>
>>>> -----Original Message-----
>>>> From: Avri Doria [mailto:avri at ella.com]
>>>> Sent: Tuesday, January 08, 2013 05:31 PM Eastern Standard Time
>>>> To: gnso-improvem-impl-sc at icann.org
>>>> Cc: Jonathan Robinson; Neuman, Jeff
>>>> Subject: Re: [gnso-improvem-impl-sc] New task
>>>>
>>>>
>>>> On 8 Jan 2013, at 17:16, Ron Andruff wrote:
>>>>
>>>>> Assuming that the ultimate desired outcome was for Councillors to vote as
they were permitted to (and possibly directed to by their group), two remedies
were possible.
>>>>>
>>>>
>>>>
>>>> I take real issue with this in that this can only be the case when it is
accordance with adherence to all rules of neutrality, transparency and
accountability.
>>>>
>>>> Once a vote is given, it is taken and clues from anyone on how to make the
vote work out better are not, in my view or the view of my stakeholder group,
legitimate. It is not for voter to decide that they should be able vote they way
they meant to when they voted another way. If it was, those poor old jewish
voters on finding out the ballot in Florida was confusing could have taken back
their votes for Buchanan, and Gore would have been President of the US. and yes,
we may wish with all our hearts that it had been otherwise, but it wasn't.
Voting does not work according to wishes unsaid, it works in terms of the vote
given.
>>>>
>>>> avri
>>>>
>>>>
>>>>
>>>
>>>
>>>
>>
>>
>>
>>
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