[gnso-improvem-impl-sc] Proposed Language Concerning 10-Day Waiver and Resubmitted Motions

[Julie Hedlund]

Dear Anne and SCI members,

As discussed on our call on 04 June, Amr and staff considered draft language
concerning the treatment of resubmitted motions with respect to the 10-day
waiver rule.  After reviewing the language that Amr had referenced at the
meeting, and that had been suggested by Mary Wong last year when this issue
was first discussed, we decided that language seemed to address the issue
succinctly.  Here is the language [in brackets/highlighted] following the
last two sentences of Section 3.3.2 Submission of Reports and Motions.

"If these requirements are not met, the motion shall not be considered
submitted for the next Council meeting. For the avoidance of doubt, if the
motion is proposed again for a subsequent Council meeting, it shall not be
considered a resubmitted motion under the rules for Resubmission of a Motion
in these Operating Procedures. [Resubmitted motions made pursuant to Section
4.3.3 of these Operating Procedures after the Submission Deadline must meet
these requirements in addition to those detailed in Section 4.3.3 in order
to be eligible for consideration by the GNSO Council under this Section
3.3.2.]"

For your reference, I have included below the full text from Sections 3.3.2
and 4.3.3.

The next SCI meeting will be held in Buenos Aires on Saturday, 20 June, from
0745 to 0845 local time (1045 UTC) during which the SCI can discuss the
proposed language.  Of course, you may also wish to send comments to the
list prior to the meeting.

Best regards,
Julie

Julie Hedlund, Policy Director

Excerpted from the GNSO Operating Procedures, v9 (13 November 2014)
3.3.2 Submission of Reports and Motions
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.
 
If a motion is submitted after the Submission Deadline, the GNSO Council
shall consider the motion if the following requirements are met:
a.     The motion (including any report or other supporting documentation)
is submitted to the GNSO Council at least 24 hours in advance of the GNSO
Council meeting; 

b.     The motion is accompanied by a request to consider the motion despite
submission after the Submission Deadline (a ³Request for Consideration²);

c.     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 not be considered
submitted for the next Council meeting. For the avoidance of doubt, if the
motion is proposed again for a subsequent Council meeting, it shall not be
considered a resubmitted motion under the rules for Resubmission of a Motion
in these Operating Procedures.


4.3.3    Resubmission of a Motion: If a motion has been voted on by the GNSO
Council and not adopted, that motion may be resubmitted to the Council for
consideration at a subsequent meeting of the Council, subject to the
following criteria:
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.
2.     Publication: The text and explanation of the resubmitted motion must
be published (i.e., circulated to the Council mailing list) no later than
the deadline for submitting the motion.
3.     Second:  Upon the second resubmission of a motion (i.e., the third
time the same motion comes before the Council), the motion must be seconded
by a Councilor from each house as a prerequisite for placing the resubmitted
motion on the consent agenda.


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