Consensus Call? (Re: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating Procedures: Revised Draft)

Wed Apr 30 18:56:12 UTC 2014

Dear SCI members,

Please find attached the latest version of the proposed language relating to
Waivers/Exceptions for motions in the GNSO Operating Procedures. As noted in
last week¹s call, the Consensus Call for this issue will be conducted via
this email list.

Note, however, that we are suggesting a slight change to the language
circulated by Greg and discussed in the email thread below. In reviewing the
proposed language prior to circulation for a Consensus Call, we noted that
the suggested Explanation in Greg¹s latest email (below) would entail a
further change to the revised Resubmission of a Motion language in the GNSO
Operating Procedures, which initial revisions were approved by the GNSO
Council (see http://gnso.icann.org/en/council/resolutions#201403). As any
further changes will have to be published for public comment, an alternative
solution might be to add a sentence to the proposed Waivers/Exception
language to address the concern voiced by Amr in an earlier email.

Please indicate whether you, on behalf of your respective stakeholder groups
and/or constituencies, support or do not support the attached proposed
language. If in light of this email note you wish to discuss the issue
further prior to concluding the Consensus Call, please indicate this as
well.

Thank you all! A second email relating to a Consensus Call for the separate
issue of language relating to Working Group Consensus Levels will follow
shortly.

Cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong at icann.org

* One World. One Internet. *

From:  Ron Andruff <randruff at rnapartners.com>
Date:  Thursday, April 24, 2014 at 6:13 PM
To:  "'Shatan, Gregory S.'" <GShatan at reedsmith.com>, 'Amr Elsadr'
<aelsadr at egyptig.org>
Cc:  Marika Konings <marika.konings at icann.org>,
"gnso-improvem-impl-sc at icann.org" <gnso-improvem-impl-sc at icann.org>
Subject:  RE: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating
Procedures: Revised Draft

> Thanks Greg and Amr.  This looks like a good solution to me as well.
>  
> Kind regards,
>  
> RA
>  
> 
> Ron Andruff
> RNA Partners
> www.rnapartners.com <http://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:
>  
> ³1. 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.²
>  
> 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
> Subject: Re: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating
> Procedures: Revised Draft
>  
> 
> Hi Greg and all,
> 
>  
> 
> I know I¹ve brought this up repetitively and I hate being a nag, but there¹s
> 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:
> 
>  
>> 
>> ³1. 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.²
> 
>  
> 
> 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 can¹t 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> wrote:
>  
> 
> As discussed today on the SCI call, I agree with Marika¹s 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
> ³accepting² 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)
> gshatan at reedsmith.com <mailto:gshatan at reedsmith.com>
> www.reedsmith.com <http://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
> 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 ³submitted²? 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." <GShatan at reedsmith.com
> <mailto:GShatan at reedsmith.com> >
> Date: Thursday 17 April 2014 03:40
> To: "gnso-improvem-impl-sc at icann.org <mailto:gnso-improvem-impl-sc at icann.org>
> " <gnso-improvem-impl-sc at icann.org <mailto: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 ³late² submission of a motion, with
> my revisions marked in ³track changes.²
> 
>  
> 
> 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
> gshatan at reedsmith.com <mailto:gshatan at reedsmith.com>
> www.reedsmith.com <http://www.reedsmith.com/>
> 
>  
> 
>  
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