[gnso-improvem-impl-sc] Re: Sub Team B Action Item/Scenarios for the SCI on Chair/Vice Chair Elections

Wed Mar 23 18:36:10 UTC 2016

Anne,

Thanks very much for the helpful feedback.  Staff will include them in the document we put in the Adobe Connect room tomorrow — along with any other comments we may receive.

Kind regards,
Julie

From:  "Aikman-Scalese, Anne" <AAikman at lrrc.com>
Date:  Wednesday, March 23, 2016 at 2:21 PM
To:  Julie Hedlund <julie.hedlund at icann.org>, "gnso-improvem-impl-sc at icann.org" <gnso-improvem-impl-sc at icann.org>
Subject:  RE: Sub Team B Action Item/Scenarios for the SCI on Chair/Vice Chair Elections

Julie et al,

I have some preliminary comments from IPC Leadership for SCI consideration and discussion as shown inline in red text below.  (These are not final positions – just questions and comments.)

Anne

Anne E. Aikman-Scalese
Of Counsel
520.629.4428 office
520.879.4725 fax
AAikman at lrrc.com
_____________________________
Lewis Roca Rothgerber Christie LLP
One South Church Avenue, Suite 700
Tucson, Arizona 85701-1611
lrrc.com

From:owner-gnso-improvem-impl-sc at icann.org [mailto:owner-gnso-improvem-impl-sc at icann.org] On Behalf Of Julie Hedlund
Sent: Tuesday, March 22, 2016 1:46 PM
To: gnso-improvem-impl-sc at icann.org
Subject: [gnso-improvem-impl-sc] Sub Team B Action Item/Scenarios for the SCI on Chair/Vice Chair Elections

Dear SCI members,

The Sub Team B deliberated yesterday on the remaining issue relating to the Chair/Vice Chair elections.  They present the following action item and possible scenarios, including pros and cons, to the SCI for consideration and discussion at the meeting on Thursday, 24 March.  Also for consideration is a revised draft election timeline.

Best regards.

Julie

Julie Hedlund, Director, SSAC Support

Remaining Issue to Address on Chair/Vice Chair Elections

ISSUE 2: Is there a gap to be addressed when the Vice Chairs' terms end at the same time as that of the Chair, and no Chair is conclusively elected by that time?

Discussion points: The primary goal is to have a successful election of a Chair and a simple solution. The options should give preference to the continuation of the Vice Chairs if they are available to continue (not term-limited). In case there is no incumbent Vice Chair available then the designation should be made by the related House. Designation by both Houses of a non-voting NCA to act as interim Chair in the absence of an available Vice-Chair should be done only as a possible last resort (subject to possible conditions from the NomCom).

Action Item--Possible Scenarios and Suggestions in Order of Priority:

SCENARIO 1: A new GNSO Council Chair is not elected, but both Vice Chairs are continuing on the Council.

Suggestion: “In the case where no Chair is conclusively elected, the two Vice Chairs shall jointly oversee the Chair election and conduct Council business until such time as a new Chair is elected.”

Pros: Simplest solution with minimal changes to the GNSO Operating Procedures.  Used in Dublin.

Cons: Are there concerns with the Vice Chairs conducting Council business?

SCENARIO 2: A new GNSO Council Chair is not elected, but one Vice Chair is continuing on the Council, while the other Vice Chair’s term on the Council is ending.  If one Vice Chair seat is being vacated, the relevant House should appoint an Interim Vice Chair to work with the continuing Vice Chair in the other House to conduct Council business.

Suggestion: “In the case where one of Vice-Chair's' term on the Council ends at the same time as the Chair, and no Chair is conclusively elected, the remaining Vice Chair shall oversee the Chair election and conduct Council business until such time as a new Chair is elected.”

Pros: A simple solution with minimal changes to the GNSO Operating Procedures.  Similar to the procedure in Dublin.

Cons: One one House is represented in the Vice Chair position.  Are there concerns with one Vice Chair conducting Council business?

SCENARIO 3: A new GNSO Council Chair is not elected in the first round, and neither of the two Vice Chairs is continuing on the Council. It should be clear that an appointed Interim Vice Chair is not prohibited from continuing as Vice Chair after the Council Chair election is concluded, provided the relevant House agrees on that Vice Chair continuing.  “their service in those roles would end” should be clarified.

Suggestion: “In the case where both Vice-Chairs’ terms on the Council end at the same time as the Chair, and no Chair is conclusively elected, this procedure would apply: Each House should designate a new or continuing cCouncilor, which may include the voting and non-voting NCAs, to temporarily fill the role of Vice Chair on an interim basis, not as an elected Vice Chair. These individuals will co-chair the Chair election and conduct Council business. Once the election is completed their service in those roles would end. Candidates for Chair would not be eligible to serve as designated Interim Vice Chairs, to avoid potential conflicts of interest.”

Pros: Avoids changes to the Bylaws or a Special Circumstance vote.

Cons: Not clear if there are concerns from the Council or the NomCom for the non-voting NCAs to be included, or conducting Council business.  Question as to how long each House has to do this before we default to Scenario 4.

SCENARIO 4: A new GNSO Council Chair is not elected, neither of the two Vice Chairs is continuing on the Council, and the Houses do not designate Interim Vice Chairs.

Suggestion: “if both Houses should fail to temporarily fill the role of Vice Chair on an interim basis, a non-voting NCA will be designated Interim Chair to oversee the election and conduct Council business until such time as a Chair is elected. The reference should be to “the” non-voting NCA since there is only one.  An inexperienced incoming non-voting NCA conducting Council business may be a concern but this scenario is a “last resort” and may also provide motivation for the Houses to appoint Interim Vice Chairs quickly as noted by Amr and Sara in chat on Monday.  Important to specify at what point Scenario 4 takes effect, i.e. how much time do the Houses have to appoint Vice Chairs in Scenario 3?

Pros: Avoids changes to the Bylaws or a Special Circumstance vote.

Cons: Are there concerns from the Council or the NomCom for a non-voting NCA to be in the role of the Chair and conducting business.

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