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

[Aikman-Scalese, Anne]

Good Group! 


Anne E. Aikman-Scalese
Of Counsel
Lewis and Roca LLP • Suite 700
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-----Original Message-----
From: Julie Hedlund [mailto:julie.hedlund at icann.org] 
Sent: Thursday, June 06, 2013 11:05 AM
To: Aikman-Scalese, Anne
Cc: gnso-improvem-impl-sc at icann.org
Subject: Re: [gnso-improvem-impl-sc] FOR DISCUSSION: Re-Submission of a Motion

Anne,

This is the list of members in the sub-group: Anne Aikman-Scalese, Avri Doria, Thomas Rickert and Mary Wong.

Thanks,
Julie

On 6/6/13 1:59 PM, "Aikman-Scalese, Anne" <AAikman at lrlaw.com> wrote:

>
>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
>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 P 
>Please consider the environment before printing this e-mail.
>This e-mail contains legally privileged and confidential information 
>intended only for the individual or entity named within the message.
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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.
>thanks
>
>as for a repeat clause.  How about once and in extraordinary 
>circumstances (at the leadership's, C+VC, discretion) twice.
>
>avri
>
>
>
>
>
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