[gnso-improvem-impl-sc] FW: Waiver of 10 Day Requirement for Submission of a Motion

Wed Apr 9 00:21:59 UTC 2014

Dear Greg

Thanks for resending this text and for going through it on today's call.
Since time was against us I have outlined some queries below -

1. Perhaps a separate section/clause should be created for the time of the
meetings? The time of the meeting is an important consideration but it does
not seem to fit within Notice of Meeting.

2. Which Rules are referred to at the end of the second to last paragraph?
Is it the GNSO rules, the rules in the clause relating to the Notice of
Meetings or otherwise? To avoid ambiguity this could be clarified.

3. The 24 hour advance motion submission deadline seems appropriate. But I
am concerned that a proxy (who is expected to vote) is sufficiently aware
or informed of the issue since there is no similar timeframe for the
declaration of a proxy. On first consideration it appears that the
declaration of proxy must work in tandem with the 24 hour motion notice
period.
If that the proxy is not declared in advance of the meeting to ensure that
they receive the 24 hour notice and the proxies are not on the GNSO
Council; then I believe there should be inclusion of proxies receiving 24
hour notice in the first bullet.

Thanks for your consideration and comment.

Kind regards

Cintra

On Tue, Apr 8, 2014 at 3:39 PM, Shatan, Gregory S. <GShatan at reedsmith.com>wrote:

>   Resending.
>
>
>
> *From:* Shatan, Gregory S.
> *Sent:* Friday, March 21, 2014 12:54 PM
> *To:* gnso-improvem-impl-sc at icann.org
> *Subject:* Waiver of 10 Day Requirement for Submission of a Motion
>
>
>
> All:
>
>
>
> I look forward to meeting with you (and in some cases meeting you) in a
> few hours.  Marika and I have prepared the following proposed language
> relating to the above issue (a Word version is also attached).  The new
> language is in italics (if you can't see italics, it begins with "(the
> "Submission Deadline")" and proceeds for the next two paragraphs).
>
>
>
> 3.3 Notice of Meetings
>
>
>
> Advance notice of meetings shall be posted on the GNSO website, if
> reasonably practicable, at least 7 days in advance of the meeting for
> Administrative issues and 14 days in advance for Policy issues. Advance
> notice shall also be posted to other GNSO Council work spaces where
> practical.
>
>
>
> Reports and motions should be submitted to the GNSO Council for inclusion
> on the agenda as soon as possible, but no later than 23h59 Coordinated
> Universal Time (UTC) on the day, 10 calendar days before the GNSO Council
> meeting *(the "Submission Deadline")*.
>
>
>
> *If a motion is submitted after the Submission Deadline, the GNSO Council
> shall consider the motion if the following requirements are met: *
>
>
>
>    - *The motion is submitted to the GNSO Council at least 24 hours in
>    advance of the GNSO Council meeting; *
>    - *The motion is accompanied by a request to consider the motion
>    despite submission after the Submission Deadline (a "Request for
>    Consideration");*
>    - *A vote on the Request for Consideration shall be called as the
>    first order of business for the agenda item that deals with the motion. The
>    vote on the Request for Consideration must be unanimous (i.e., all
>    Councilors or their proxies must vote and all votes cast must be in favor
>    of considering the motion at such GNSO Council meeting) for the motion to
>    be considered at such GNSO Council meeting.*
>
>
>
> *If these requirements are not met, the motion shall be considered at the
> next GNSO Council meeting, provided that the motion has been submitted
> prior to the Submission Deadline for such next GNSO Council meeting.  If
> not, the requirements above must be met for consideration at such next GNSO
> Council meeting.  For the avoidance of doubt, if the requirements above are
> not met, the motion shall not be considered "submitted" for purposes of
> these Rules.*
>
>
>
> The time of the meetings may vary to accommodate the different geographic
> regions represented by GNSO Council members. By way of guidance, start
> times corresponding to local times for the GNSO Council members earlier
> than 0600 and later than 2300 should be avoided where possible.
>
>
>
> We look forward to your comments.  (Note that this language has not been
> reviewed by my constituency, the IPC.)
>
>
>
> Best regards,
>
>
>
> Greg
>
>
>
> *Gregory S. Shatan*
> *Deputy Chair | Tech Transactions Group*
> *IP | Technology | Media*
> *Reed**Smith*LLP
> The business of relationships
> 599 Lexington Avenue
> New York, NY 10022
> 212.549.0275 | Phone
> 917.816.6428 | Mobile
> 212.521.5450 | Fax
> gshatan at reedsmith.com
> www.reedsmith.com
>
>
>
>
>
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