[gnso-improvem-impl-sc] Fwd: [council] Notification of voting outside a Council meeting: Council reply comment Nominating Committee Recommendations from the Board Working Group

Aikman-Scalese, Anne AAikman at lrrlaw.com
Tue Jan 6 23:39:01 UTC 2015


Thanks Julie.  This background is very much appreciated.  I look forward to reconvening on January 20.  In the meantime, could you please provide all SCI members (including me) with the Working Text of the Westlake Group in relation to the GNSO Review?  I think this is something that SCI members should read before our call on January 20.

Lori and I will be working on the draft letter to Council and will send it in advance of the call along with a proposed agenda.

Separately, I would appreciate a recap of the duties of the Chair in relation to the conduct of meetings, e.g. starting the recording, asking for update of SOIs, etc.

Anne

[cid:image001.gif at 01D029CF.465C5650]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428 | (F) 520.879.4725

AAikman at LRRLaw.com<mailto:AAikman at LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/>








From: Julie Hedlund [mailto:julie.hedlund at icann.org]
Sent: Monday, January 05, 2015 9:01 AM
To: Aikman-Scalese, Anne; <gnso-improvem-impl-sc at icann.org>
Cc: gnso-secs at icann.org; Glen de Saint Géry
Subject: Re: [gnso-improvem-impl-sc] Fwd: [council] Notification of voting outside a Council meeting: Council reply comment Nominating Committee Recommendations from the Board Working Group

Anne,

If there are no objections received today from SCI members, the GNSO Secretariat will schedule the next meeting for 20 January at the usual time.

As to the letter, there is no template.  In general there have been two ways that the SCI has communicated to the Council.  The most common is for the liaison to send a motion to the Council for consideration concerning revisions to the GNSO Operating Procedures, as was done most recently by Avri for the revisions that were approved at the Council meeting on 13 November.  The motion was sent in an email message from Avri to the Council list.

The second way the SCI has contacted the Council is also via email when the SCI has taken up an issue, but has determined that no changes to the Operating Procedures are warranted, or to recommend other changes not related to the Operating Procedures.  This was how the changes to the SCI Charter were addressed in 2013.  In that case Ron sent an email to the Council Chair with the draft revised Charter as an attachment and a short description of the changes.  Recommendations on deferral of motions and raising an issue, which were addressed by the SCI at the Council's request in 2012, did not require changes to the Operating Procedures.  In those cases Wolf-Ulrich sent emails to the Council Chair providing a brief background on the issue and indicating how the SCI recommended that it should be addressed.  For the wording contained in these emails see the text in quotes under each issue heading on the wiki at: https://community.icann.org/pages/viewpage.action?pageId=49350790.

With respect to the SCI suggestion for a full review of WG Consensus levels, I don't think there was any prior correspondence to the Council.  I cannot find any from the archives either from Ron or Avri.  Mary Wong did record this suggestion on the Wiki, I think as a reflection of the SCI conversations at its meeting in LA in October if I recall correctly.

Thus, in this instance I think that you could draft an email asking for Council guidance on the 2015 work of the SCI and including the suggested possible issues.

Best regards,
Julie


From: <Aikman-Scalese>, Anne <AAikman at lrrlaw.com<mailto:AAikman at lrrlaw.com>>
Date: Friday, January 2, 2015 3:49 PM
To: Julie Hedlund <julie.hedlund at icann.org<mailto:julie.hedlund 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<mailto:gnso-improvem-impl-sc at icann.org>>
Cc: "gnso-secs at icann.org<mailto:gnso-secs at icann.org>" <gnso-secs at icann.org<mailto:gnso-secs at icann.org>>, Glen de Saint Géry <Glen at icann.org<mailto:Glen at icann.org>>
Subject: RE: [gnso-improvem-impl-sc] Fwd: [council] Notification of voting outside a Council meeting: Council reply comment Nominating Committee Recommendations from the Board Working Group

Julie,
I think your suggestion for January 20 makes perfect sense.   I will undertake to draft a letter requesting further guidance to SCI from Council.  I have notes from both Greg and Amr with respect to this and have noted your reference to the items listed in the wiki related to (1) review of WG Consensus Levels and (2) a full review of GNSO Operating Procedures.  I note that SCI itself is a "group chartered by the GNSO Council" and that it raised the question of review of WG Consensus Levels with Council last year after working on the "Consensus Against" issue.

So let's schedule the January 20 meeting in hopes that more members may attend and I will draft a letter before that listing the items raised by Greg and Amr in previous e-mails as well as the WG Consensus Level review for Council's consideration.

Many thanks Julie, Glen, et all for your guidance.  I certainly do think that we want to ask Council to give Avri 15 minutes in Singapore.  I think this means our letter must be final before February 1 and that seems reasonable.

Julie, could you please send me a template for sending a letter to Jonathan from SCI based on previous letters sent by Ron and Wolf-Ulrich?   I look forward to talking with the members on January 20.

Thank you and Happy New Year to all who celebrate it!,
Anne

[cid:image001.gif at 01D029CF.465C5650]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428 | (F) 520.879.4725

AAikman at LRRLaw.com<mailto:AAikman at LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/>








From: Julie Hedlund [mailto:julie.hedlund at icann.org]
Sent: Friday, January 02, 2015 9:23 AM
To: Aikman-Scalese, Anne; <gnso-improvem-impl-sc at icann.org<mailto:gnso-improvem-impl-sc at icann.org>>
Cc: gnso-secs at icann.org<mailto:gnso-secs at icann.org>; Glen de Saint Géry
Subject: Re: [gnso-improvem-impl-sc] Fwd: [council] Notification of voting outside a Council meeting: Council reply comment Nominating Committee Recommendations from the Board Working Group

Dear Anne and SCI members,

As there is a conflict on the 13th, could we consider the following Tuesday, 20 January?  Perhaps a letter could be drafted in advance and reviewed on the list ahead of the meeting.

Please advise how you would like staff to proceed.

Best regards,
Julie

Julie Hedlund, Policy Director

From: Glen de Saint Géry <Glen at icann.org<mailto:Glen at icann.org>>
Date: Friday, January 2, 2015 6:53 AM
To: Julie Hedlund <julie.hedlund at icann.org<mailto:julie.hedlund at icann.org>>, "Aikman-Scalese, Anne" <AAikman at lrrlaw.com<mailto:AAikman at lrrlaw.com>>, "<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>>
Cc: "gnso-secs at icann.org<mailto:gnso-secs at icann.org>" <gnso-secs at icann.org<mailto:gnso-secs at icann.org>>
Subject: RE: [gnso-improvem-impl-sc] Fwd: [council] Notification of voting outside a Council meeting: Council reply comment Nominating Committee Recommendations from the Board Working Group

Dear Julie,

In view of the conflict with the NCPH Intercessional, please confirm whether you would like us to proceed with scheduling the next SCI meeting on 13 January 2015?

Thank you very much.
Wishing you all a very happy and successful New Year!

Kind regards,

Glen

Glen de Saint Géry
GNSO Secretariat
gnso.secretariat at gnso.icann.org<mailto:gnso.secretariat at gnso.icann.org>
http://gnso.icann.org<http://gnso.icann.org/>

From: Julie Hedlund
Sent: mercredi 31 décembre 2014 17:33
To: Aikman-Scalese, Anne; <gnso-improvem-impl-sc at icann.org<mailto:gnso-improvem-impl-sc at icann.org>>
Cc: Glen de Saint Géry; gnso-secs at icann.org<mailto:gnso-secs at icann.org>
Subject: Re: [gnso-improvem-impl-sc] Fwd: [council] Notification of voting outside a Council meeting: Council reply comment Nominating Committee Recommendations from the Board Working Group

Dear Anne and SCI members,

The GNSO Secretariat can assist in scheduling an SCI call at the usual time of 2000 UTC on Tuesday, 13 January.  The staff and Secretariat also can assist in requesting 15 minutes for Avri on the GNSO Council schedule in Singapore to discuss the SCI direction for 2015.  Whether the time will be granted will depend of course on the Council's workload, which will as noted be taken up largely with issues relating to the IANA stewardship transition and accountability.

With respect to the Charter, please refer to the wiki at: https://community.icann.org/display/gnsosci/2.+Charter.  Please note in particular the General and Working Method sections.  In the General section the following sentence indicates the scope of the SCI's remit: "The SCI is also responsible for considering requests concerning issues related to the GNSO Council processes and procedures and to Working Group guidelines that have been identified either by the GNSO Council or a group chartered by the GNSO Council as needing discussion."  As per the Charter the GNSO Council generally has requested that the SCI should address specific issues relating to its processes and procedures (rather than the SCI making the request to the Council).  See the work completed by the SCI since its inception: https://community.icann.org/pages/viewpage.action?pageId=49350790.  It has nonetheless been noted on the SCI wiki as of October 2014 that the SCI has suggested to the Council that it take up the following two issues:  1) a full review of the Working Group Consensus Levels and 2) a full review of the GNSO Operating Procedures.  See: https://community.icann.org/pages/viewpage.action?pageId=49357334.  Also as noted by Mary Wong on 18 December, prior to assigning new issues to the SCI it is possible that the Council may wish to consider the results of the first report of the GNSO review, as well its tasks with respect to the IANA stewardship transition and accountability.

I hope you all have a Happy New Year!

Best regards,
Julie

Julie Hedlund, Policy Director

From: <Aikman-Scalese>, Anne <AAikman at lrrlaw.com<mailto:AAikman at lrrlaw.com>>
Date: Tuesday, December 30, 2014 2:30 PM
To: Julie Hedlund <julie.hedlund at icann.org<mailto:julie.hedlund at icann.org>>, 'Amr Elsadr' <aelsadr at egyptig.org<mailto:aelsadr at egyptig.org>>, "<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>>
Cc: Glen de Saint Géry <Glen at icann.org<mailto:Glen at icann.org>>
Subject: RE: [gnso-improvem-impl-sc] Fwd: [council] Notification of voting outside a Council meeting: Council reply comment Nominating Committee Recommendations from the Board Working Group

SCI members and Julie,

My goal would be for SCI to have a letter to GNSO composed in time for Avri to present it in Singapore GNSO working sessions as a menu of items which GNSO Council could choose from to provide assignments to SCI.  My question is whether a January 13 call would be sufficient time for SCI to have a discussion leading to preparation of the letter to Council based on projects we have considered in the past and that Ron and Greg have outlined.

I do not think that SCI work should stop due to the IANA transition issues.  One question might be how SCI can best help GNSO in addressing these issues.  For example, if SCI reviews PDP consensus levels on a more thorough basis than previously examined, would that improve ICANN Accountability as it relates to the transition?  Do these consensus levels or any other aspect of the PDP process have a significant impact on accountability?

So from my point of view,

Question 1 is:  Can we schedule a call as late as January 13 and still get Avri 15 minutes on the GNSO Council schedule to discuss SCI direction for 2015?

Question 2:  What work is within SCI's Charter that will assist Council the most in relation to the IANA transition and overall ICANN Accountability?

I would propose to discuss these questions in a January 13 call to be scheduled by Julie.  As to whether we can get on the Council schedule in working sessions in Singapore for this purpose, I think we need to rely on Avri and Glen for that purpose.  Avri, your thoughts?

Anne

[cid:image001.gif at 01D029CF.465C5650]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428 | (F) 520.879.4725

AAikman at LRRLaw.com<mailto:AAikman at LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/>








From: Julie Hedlund [mailto:julie.hedlund at icann.org]
Sent: Thursday, December 18, 2014 5:09 PM
To: Aikman-Scalese, Anne; 'Amr Elsadr'; <gnso-improvem-impl-sc at icann.org<mailto:gnso-improvem-impl-sc at icann.org>>
Subject: Re: [gnso-improvem-impl-sc] Fwd: [council] Notification of voting outside a Council meeting: Council reply comment Nominating Committee Recommendations from the Board Working Group

Hi Anne,

I've attached Ron's slides from LA.  Please also see the wiki on the Work Completed/In Progress at: https://community.icann.org/pages/viewpage.action?pageId=49350790.  Staff will update it to reflect the items recently approved by the Council.

If the SCI wants to give the Council time to consider a letter at their meeting on the 15th as a courtesy you might want to have it to the Council by January 5th, which is the deadline for motions and documents.  However, this may not be possible since it wouldn't allow time for SCI members to discuss a letter during a call, and members also are likely to be out during the next two weeks for holidays so they may not be able to make much progress on the list.  In addition, the ICANN offices are closed beginning at Noon on 24 December through Friday, 2 January 2015.  They will reopen on 5 January. We can certainly schedule a meeting at the usual time on the 6th to kick things off.  Let us know if you would like us to schedule a meeting on the 6th.

Best regards,
Julie

Julie Hedlund, Director, SSAC Support

From: <Aikman-Scalese>, Anne <AAikman at lrrlaw.com<mailto:AAikman at lrrlaw.com>>
Date: Thursday, December 18, 2014 6:38 PM
To: 'Amr Elsadr' <aelsadr at egyptig.org<mailto:aelsadr at egyptig.org>>, "<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>>
Cc: Julie Hedlund <julie.hedlund at icann.org<mailto:julie.hedlund at icann.org>>
Subject: RE: [gnso-improvem-impl-sc] Fwd: [council] Notification of voting outside a Council meeting: Council reply comment Nominating Committee Recommendations from the Board Working Group

Thanks Amr.   This new provision looks quite useful in these circumstances.  Nice to know.

I'll be out of the office all next week but am looking at the correspondence between you and Greg.

Ron and Julie, could the two of you recap the projects Ron presented to Council as possibilities for SCI work during the meeting in LA?  If possible I would appreciate receiving a copy of Ron's slides.

Finally, Julie, does it make sense for us to schedule the first SCI call to review a draft letter to Council on January 13 or does it need to be January 6?

Thank you,
Anne

[cid:image001.gif at 01D029CF.465C5650]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428 | (F) 520.879.4725

AAikman at LRRLaw.com<mailto:AAikman at LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/>








From:owner-gnso-improvem-impl-sc at icann.org<mailto:owner-gnso-improvem-impl-sc at icann.org> [mailto:owner-gnso-improvem-impl-sc at icann.org] On Behalf Of Amr Elsadr
Sent: Wednesday, December 17, 2014 2:05 PM
To: <gnso-improvem-impl-sc at icann.org<mailto:gnso-improvem-impl-sc at icann.org>>
Subject: [gnso-improvem-impl-sc] Fwd: [council] Notification of voting outside a Council meeting: Council reply comment Nominating Committee Recommendations from the Board Working Group

Hi,

Just thought that it'd be interesting for folks here to know that one of our recent projects is being put to use. :)

Thanks.

Amr

Begin forwarded message:






From: Glen de Saint Géry <Glen at icann.org<mailto:Glen at icann.org>>
Subject: [council] Notification of voting outside a Council meeting: Council reply comment Nominating Committee Recommendations from the Board Working Group
Date: December 17, 2014 at 9:28:01 PM GMT+1
To: Council GNSO <council at gnso.icann.org<mailto:council at gnso.icann.org>>

Dear Councillors

The Council approved at the meeting on 11 December 2014, Voting Outside a Meeting, as described in Section 4.10  in the revised GNSO Operating Procedures<http://gnso.icann.org/en/council/op-procedures-13nov14-en.pdf> for the Council's reply comment on the Nominating Committee Recommendations from the Board Working Group.

The proposed timeline for this vote is:


1.      31 December 2014 23:59 UTC Final Council reply comment on the Nominating Committee Recommendations from the Board Working Group submitted to the Council mailing list.
Tony Holmes to hold the pen on refining the comment<http://gnso.icann.org/en/correspondence/council-comment-nomcom-recommendations-02dec14-en.pdf> up to 31 December 2014.

2.      Voting by electronic ballot:
Voting Opens Saturday, 3 January 2015

Voting Closes on Tuesday 6 January 2015 at 23:59 UTC.
If you foresee any connectivity issues during this period, please let me know so that alternate arrangements can be made.

3.      9 January 2015 Comments submitted to the public comment forum<https://www.icann.org/public-comments/bwg-nomcom-2014-08-21-en>
4.      All Council members, except the non-voting Nominating Committee Appointee are eligible to vote.

4. 10. 2<http://gnso.icann.org/en/council/op-procedures-13nov14-en.pdf> Determination; Notice. Voting outside a meeting may only occur when all of the following conditions are met:
a.      The GNSO Chair determines, after discussion with Council members, that the issue will have been adequately discussed and sufficient time given to each Stakeholder Group and Constituency to consider the issue by the time the vote is called;
      b.   The GNSO Chair determines, after discussion with Council members, that the Council's regular meeting schedule would make it difficult to resolve the issue without scheduling an extra meeting and this would be impractical in light of the circumstances at that time;
     c.     No Councilor objects to the vote being taken outside a regularly scheduled Council meeting; and
    d.     The GNSO Chair provides at least seven (7) calendar days' advance notice of the vote, along with notice of the beginning and ending day and hour of the voting period (in UTC), which period shall not be less than four (4) calendar days.

4. 10.3.1<http://gnso.icann.org/en/council/op-procedures-13nov14-en.pdf> Guidelines for Voting Outside a Meeting
As with votes taken during a regularly scheduled GNSO Council meeting, all votes taken outside a meeting will:
a. Be open (i.e., not by secret ballot);
b. Allow for the inclusion of voting statements in accordance with Section 4.3.2 of these Operating Procedures; and
c. Have their outcomes published and recorded, with accompanying voter statements, if any, as minutes for purposes of formal record keeping. These items
are to be prepared and approved in accordance with Section 3.5 of these Operating Procedures, except that the relevant time period shall commence with the ending of the voting period.
4.10.3.2 Voting outside a meeting should normally be by electronic means. Methods used to transmit and record votes taken outside of meetings shall be authenticated and verifiable using the same criteria and applying the same standards as those used for absentee ballots under Section 4.4.3 of these Operating Procedures.

Please let me know if you have any questions.
Thank you.
Kind regards,

Glen

Glen de Saint Géry
GNSO Secretariat
gnso.secretariat at gnso.icann.org<mailto:gnso.secretariat at gnso.icann.org>
http://gnso.icann.org<http://gnso.icann.org/>


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This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.

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