[gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating Procedures: Revised Draft

Thu Apr 24 22:13:02 UTC 2014

Thanks Greg and Amr.  This looks like a good solution to me as well.

Kind regards,

RA

Ron Andruff

RNA Partners

 <http://www.rnapartners.com> www.rnapartners.com 

From: owner-gnso-improvem-impl-sc at icann.org
[mailto:owner-gnso-improvem-impl-sc at icann.org] On Behalf Of Shatan, Gregory
S.
Sent: Wednesday, April 23, 2014 20:51
To: 'Amr Elsadr'
Cc: Marika Konings; gnso-improvem-impl-sc at icann.org
Subject: RE: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating
Procedures: Revised Draft

I think the solution to this problem is to revise the language quoted below
and keep the waiver section as is.

For example:

"1. Explanation: The Councilor submitting the motion must also submit an
explanation for the resubmission of the motion. The explanation need not
accompany the motion when it is resubmitted; however, the explanation must
be submitted no later than the deadline for submitting the motion (i.e., no
later than 23h59 Coordinated Universal Time (UTC) on the day 10 calendar
days before the Council meeting at which the motion is to be reconsidered,
unless the requirements for late submission in Section 3.3.2 are also met).
The explanation does not need to meet any requirements other than being
submitted in a timely manner."

Thoughts?

Greg

From: Amr Elsadr [mailto:aelsadr at egyptig.org] 
Sent: Tuesday, April 22, 2014 4:53 PM
To: Shatan, Gregory S.
Cc: Marika Konings; gnso-improvem-impl-sc at icann.org
<mailto:gnso-improvem-impl-sc at icann.org> 
Subject: Re: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating
Procedures: Revised Draft

Hi Greg and all,

I know I've brought this up repetitively and I hate being a nag, but there's
still an inconvenient loophole in this text regarding resubmission of
motions. On its meeting of March 26th, 2014, the GNSO Council approved the
SCI recommendation to amend the GNSO Operating Procedures by adding sections
4.3.3 and 4.3.4 detailing the guidelines of motions being resubmitted.
Section 4.3.3, claus number 1 reads as follows:

"1. Explanation: The Councilor submitting the motion must also submit an
explanation for the resubmission of the motion. The explanation need not
accompany the motion when it is resubmitted; however, the explanation must
be submitted no later than the deadline for submitting the motion (i.e., no
later than 23h59 Coordinated Universal Time (UTC) on the day 10 calendar
days before the Council meeting at which the motion is to be reconsidered).
The explanation does not need to meet any requirements other than being
submitted in a timely manner."

If the SCI determines that it would like the 10-day rule waiver to also
apply to motions being resubmitted (and not exclusively to motions being
submitted for the first time) in its recommendation to the Council, then
there needs to be clarifying text to that effect. If the SCI does not
recommend that the waiver should apply to resubmitted motions, then no
further action is necessary. If the former is true, and not the latter, the
the way I read it, the required clarification should either be added as a
fourth bullet to 3.3.2 referencing 4.3.3, or perhaps an added numbered item
to 4.3.4 (Limitations and Exceptions to Resubmission of a Motion) referring
to the waiver rule in 3.3.2. Without these changes, I can't see how the text
of the operating procedures will support the waiver rule being applied to
resubmitted motions in the event that the need arises.

Thanks.

Amr

On Apr 22, 2014, at 9:53 PM, Shatan, Gregory S. <GShatan at reedsmith.com
<mailto:GShatan at reedsmith.com> > wrote:

As discussed today on the SCI call, I agree with Marika's comment below, and
I have deleted the sentence in question.  In the attached draft, I have
accepted all the changes from the prior draft and then deleted that
sentence.  There were no other comments on the list or on the call. 

I would suggest that this draft should be considered final (subject only to
"accepting" the deletion of the sentence so that this is a clean document)
for purposes of moving to the next step with this amendment to the Operating
Procedures.

Best regards,

Greg

Gregory S. Shatan 
Partner 
Reed Smith LLP
599 Lexington Avenue
New York, NY 10022
212.549.0275 (Phone)
917.816.6428 (Mobile)
212.521.5450 (Fax)
 <mailto:gshatan at reedsmith.com> gshatan at reedsmith.com
 <http://www.reedsmith.com/> www.reedsmith.com

From: Marika Konings [mailto:marika.konings at icann.org] 
Sent: Thursday, April 17, 2014 4:34 AM
To: Shatan, Gregory S.; gnso-improvem-impl-sc at icann.org
<mailto:gnso-improvem-impl-sc at icann.org> 
Subject: Re: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating
Procedures: Revised Draft

Thanks, Greg. I'm still not clear to why it would say 'For the avoidance of
doubt, if the requirements above are not met, the motion shall not be
considered "submitted"? Why can't it be considered submitted, but just not
eligible to be considered for a vote at the meeting? The current practice is
also that if a motion is submitted after the deadline it may get discussed,
just not voted on during the meeting, but there is no need to resubmit it
for the next meeting as it is already considered submitted and automatically
carried over. Maybe I'm missing something?

Best regards,

Marika 

From: <Shatan>, "Gregory S." < <mailto:GShatan at reedsmith.com>
GShatan at reedsmith.com>
Date: Thursday 17 April 2014 03:40
To: " <mailto:gnso-improvem-impl-sc at icann.org>
gnso-improvem-impl-sc at icann.org" < <mailto:gnso-improvem-impl-sc at icann.org>
gnso-improvem-impl-sc at icann.org>
Subject: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating
Procedures: Revised Draft

All:

Following up on our last meeting, I attach a revised version of the
amendment to the Operating Procedures dealing with "late" submission of a
motion, with my revisions marked in "track changes." 

I look forward to your comments.

Best regards,

Greg

Gregory S. Shatan
Deputy Chair | Tech Transactions Group
IP | Technology | Media
ReedSmithLLP
The business of relationships
599 Lexington Avenue
New York, NY 10022
212.549.0275 | Phone
917.816.6428 | Mobile
212.521.5450 | Fax
 <mailto:gshatan at reedsmith.com> gshatan at reedsmith.com
 <http://www.reedsmith.com/> www.reedsmith.com

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<Motion waiver draft language - 22 April 2014.DOC>

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