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

Marika Konings marika.konings at icann.org
Wed Apr 9 06:59:43 UTC 2014

Cintra, section 3.3. of the GNSO operating procedures outline the current
requirements for notice and planning of meetings.

In relation to point 3, please note that per section 4.6 of the GNSO
Operating Procedures only existing GNSO Council members can serve as a
proxy. Also, should a temporary alternate be appointed per section 4.7, this
also foresees that the temporary alternate is added to the mailing list and
included in all the relevant discussions to ensure that he or she is
'knowledgeable on the matter at issue and qualified to represent the
appointing organisation's interests'.

Best regards,


From:  Cintra Sooknanan <cintra.sooknanan at gmail.com>
Date:  Wednesday 9 April 2014 02:21
To:  "Shatan, Gregory S." <GShatan at reedsmith.com>
Cc:  "gnso-improvem-impl-sc at icann.org" <gnso-improvem-impl-sc at icann.org>
Subject:  Re: [gnso-improvem-impl-sc] FW: Waiver of 10 Day Requirement for
Submission of a Motion

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
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


On Tue, Apr 8, 2014 at 3:39 PM, Shatan, Gregory S. <GShatan at reedsmith.com>
> 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 can¹t see italics, it begins with ²(the ³Submission
> Deadline²)² 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
> ³Submission Deadline²).
> 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 ³Request for Consideration²);
> * 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 ³submitted² 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
> ReedSmithLLP
> The business of relationships
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