[Gnso-review-wg] FOR REVIEW: Recommendation 19 Revised Implementation Charter

Fri Jul 28 20:34:34 UTC 2017

Dear GNSO Review Working Group members,

Per the action items and notes below from the call on 27 July, please review the attached revised GNSO Review Implementation Charter for Recommendation 19 in Word and PDF with changes highlighted as redlines.  Note that staff is suggesting an additional week for review as several additional references have been added following the discussion during the meeting on 27 July.

As noted in the attached charter, this is the recommendation for implementation: “As strategic manager rather than a policy body the GNSO Council should continue to focus on ensuring that a Working Group has been properly constituted, has thoroughly fulfilled the terms of its charter and has followed due process.”

Working Group members are requested to respond to this review in one week, by COB Friday, 04 August.  If no comments are received during the review period staff will accept the changes and circulate the final version of the charter for a two-week Consensus Call.

Best regards,

Julie

Julie Hedlund, Policy Director

Action Items/Discussion Notes 27 July

Action Items:

Charter for Recommendation 19: 1) incorporate references (including new references identified by staff); 2) send the charter out for review and then consensus call.
Charter for Recommendation 30: 1) Revise the charter based on the WG discussion; 2) explore whether there already is a mechanism for review and whether the provision of support is binding or whether that should be a recommendation to the GNSO Council; 3) send a revised version to the WG to review and discuss.
Meeting schedule: Move the meeting from 24 August back to 17 August to avoid the conflict with the GNSO Council meeting.  Restart two-week rotation with the following meeting on 31 August.

Notes:

1. Update on Consensus Call on Charter for Recommendation 13 – Ends COB 27 July

-- Consensus call closes today (27 July) - in the absence of objection today, staff will announce that full consensus has been reached on the Charter for Recommendation 13

2. Continue discussion on Charter for Recommendation 19

-- Staff assumption is that existing guidance does exist for the GNSO Council ensuring that a Working Group has been properly constituted, has thoroughly fulfilled the terms of its charter and has followed due process - to be reviewed and agreed upon by the WG member.

-- WG Self-Assessment required in the WG Guidelines allows for WG members involved in a PDP to provide their own assessment of the efficacy of the process, with a goal for further improvement in future work.

-- WG guidelines sections 2.1.1 and 2.2.1 detail measures to ensure as broad and balanced representation in WGs, as practically possible.

-- Section 8 PDP Manual details mechanisms to be included in the Charter including: Working Group Identification; Mission, Purpose and Deliverables; Formation, Staffing and Organization, and; Rules of Engagement.

-- Section 9 of PDP Manual provides guidance on use of GNSO WGs to develop policy, due to presence of existing guidelines that require due process.

-- Section 12 of the PDP Manual provides guidance to the GNSO Council on how to deliberate and decide on policy recommendations.

-- Distinction between policy and how it is organized and managed by the GNSO Council.  Question: Is there enough guidance for the management of the PDP and the Working Groups?

-- With respect to other models -- do we need stronger language to ensure that the Working Group is the model for the PDP?

-- There are other models for non-PDP work, and there also are guidelines for an expedited PDP.  But the scope of this charter is limited to this recommendation: the GNSO Council's role in making sure the Working Groups are properly constituted.  So, the focus is on Working Groups or other groups/models.

-- Other models have been used for different projects, but not do develop Consensus Policies (not to replace PDP WGs). Examples include Working Parties, such as the precursor to this WG, and Drafting Teams.

3. Begin discussion on Charter for Recommendation 30

-- "GNSO Toolkit" and "Pilot Program" are two programs that exist to provide administrative support to GNSO SGs/Cs.

-- Pilot Program has been running since 2014, and is no longer considered to be within a pilot phase.

-- Charter includes links to an inventory of services currently being provided.

-- Question: If you look to 2014 was something being done when this recommendation being established?

-- Question: "develop and implement a policy" -- Is that covered here?  Or is "policy" of a different level, as how to do provide the admin support?

-- GNSO policy recommendations are developed via PDP Working Groups leading to changes and contractual obligations.  Non-policy recommendations are developed by other groups.  There is nothing that would prevent this GNSO Review Working Group from suggesting changes to procedures, but not as a "policy".

-- Not sure how the GNSO Review Working Party came to the wording of this recommendation -- maybe not "policy" but perhaps agreement between ICANN and the GNSO community about the provision of the administrative support.

-- It is in the remit of this WG to interpret the recommendation and how it could be implemented -- perhaps instead of "policy" it could be "guidelines" or "operating procedures" -- not a PDP.

-- Acknowledge the development of the program over the last years and ongoing development and accept that as the best way to provide the support at the time being.

-- In addition, there is the question of the review of the program, which is perhaps not fulfilled.  Should tell the GNSO Council that it is up to them to decide whether measures should be taken in order to make the support more binding for both sides.

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