[gnso-improvem-impl-sc] FOR DISCUSSION: Re-Submission of a Motion

Aikman-Scalese, Anne AAikman at lrlaw.com
Thu Jun 6 17:59:41 UTC 2013

Marika makes some very good points about potential conflicts related to other motion provisions.  We may need to go back to the subgroup to study this.  The subgroup was Mary, Thomas, me and anyone else?  Anne

Anne E. Aikman-Scalese
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-----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: Thursday, June 06, 2013 8:21 AM
To: gnso-improvem-impl-sc at icann.org
Subject: Re: [gnso-improvem-impl-sc] FOR DISCUSSION: Re-Submission of a Motion

On 5 Jun 2013, at 20:27, Marika Konings wrote:

> Apologies if I'm raising questions / issues that have already been considered, but the following questions come to my mind:
>       • Who makes a determination whether it considers a re-submission of a motion or whether it is considers a new motion? Does it have to be identical to be considered a re-submission? If a few words are added or whereas clauses are introduced, does that make it a new motion?

Is an amended motion the same motion.  I think it needs to be the very same motion or derivatives based on amendments done in meetings.

A re-crafted motion with new information that was not added as amendment, seems to me to be a new motion, no mater how similar.

Of course, that opens up the possibility that if people were not being collegial, purely hypothetically, a similar motion could be submitted each month ad infinitum.  IS there ay provision for rejection of a motion without voting it down.

>       • The PDP Manual foresees that 'In the event that the GNSO Council does not approve the initiation of the PDP, not including the possible suspension of further consideration of the Final Issue Report as described above, any Councillor may appeal the denial, and request that the GNSO Council hold a renewed vote on the initiation of the PDP at the next subsequent GNSO Council meeting'. There are no further requirements attached to this 'renewed vote' - would this be considered an exception or would it need to be brought in line with the new requirements if/when approved?

As I remember this courtesy is also extend in some form to ACs who have requested a issues report.  Do I remember correctly (I know, I could check).

Perhaps this is the rule that should just be carried forward to all motions.

>       • A 12 month period appears to be a long time to be able to reconsider a motion – for example, there may be new information brought forward that may result in a change of opinion / vote of a SG/C that may warrant reconsideration of a motion or a certain urgency may require quicker reconsideration. Should a shorter time frame be considered, or at a minimum the possibility of an exception to this timeframe at the discretion of the Chair?

I agree  Until some of the recent statements, I have thought of this a much more of a proximity problem.  I.e.  in the same meeting, at the next meeting or 2 at the latest..

> If these questions were already considered, please feel free to ignore.

I do not think we even got close to any of these issues.

as for a repeat clause.  How about once and in extraordinary circumstances (at the leadership's, C+VC, discretion) twice.


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