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

[Aikman-Scalese, Anne]

Avri - I agree with your instincts on this one.  Although I am a lawyer and appreciate that this language is in fact succinct from a legal drafting standpoint, I am also interested to see whether we could craft something a bit easier to read.  Let's discuss in our meeting tomorrow morning.
Anne

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 | www.LRRLaw.com
-----Original Message-----
From: Avri Doria [mailto:avri at acm.org]
Sent: Wednesday, June 17, 2015 5:03 PM
To: Julie Hedlund; Aikman-Scalese, Anne; gnso-improvem-impl-sc at icann.org
Subject: Re: [gnso-improvem-impl-sc] Proposed Language Concerning 10-Day Waiver and Resubmitted Motions

Hi,

(without liaison hat on)

I have a question: does it seem like we are complicating the rules to the point that it will take lawyers to read and interpret them.  I read the language below and found I had to read it multiple times to get a clear view of what it was saying.

Is there are chance we might consider readability when making changes?
And perhaps doing a readability pass though the operating procedures at some point?

avri

On 16-Jun-15 15:48, Julie Hedlund wrote:
> 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 "Request for
> Consideration");
>
> 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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