[CCWG-ACCT] Fwd: [bylaws-coord] DRAFT NEW ICANN BYLAWS - 2 April 2016 version

Tue Apr 5 01:30:05 UTC 2016

Dear All,

I have been following the discussions online. I would like to say that I am
currently in Geneva for the MAG Open consultation meeting. I will when I am
free make time to review and read the documents and highlight issues I see.

Thank you in advance for understanding, GAC Vice Chair is also here at the
MAG.

Many thanks,
Sala

On Tue, Apr 5, 2016 at 6:47 AM, Chartier, Mike S <mike.s.chartier at intel.com>
wrote:

> Re: #32:
>
> “*During the SO/AC director removal process, should there be a
> requirement to hold a dialogue between the relevant director, the SO/AC and
> the Chair of the Board prior to the SO/AC accepting the removal petition?
> The CCWG Proposal contemplated such a dialogue in the context of NomCom
> director removal (Paragraph 57 of Annex 4) but did not specifically mention
> it in the context of SO/AC director removal*.”
>
>
>
> This seems an omission.
>
> The third proposal had the dialogue requirement only for SO/AC director
> removal. In discussions I believe it was agreed to add the requirement also
> for discussion to NomCom (see attached records from meeting #76)
>
> It looks like during the drafting of the 2/10 version for legal review the
> requirement was inadvertently removed from SO/AC directors.(see attached
> V0.1BT)
>
>
>
> *From:* accountability-cross-community-bounces at icann.org [mailto:
> accountability-cross-community-bounces at icann.org] *On Behalf Of *Mathieu
> Weill
> *Sent:* Sunday, April 3, 2016 8:16 AM
> *To:* CCWG Accountability <accountability-cross-community at icann.org>
> *Subject:* [CCWG-ACCT] Fwd: [bylaws-coord] DRAFT NEW ICANN BYLAWS - 2
> April 2016 version
>
>
>
> Dear colleagues,
>
>
>
> In anticipation of our calls this week, please find below a note from the
> lawyers group, the draft bylaws as well as an issue list.
>
>
>
> It is important to read the lawyers notes as they quite efficiently
> describe the context and status of the work. Please review them for any
> process related question.
>
>
>
> The purpose of our calls this week will be to address the issue list
> questions (questions 1-7 & 25-34 are for the CCWG, the others for CWG).
>
>
>
> Should any other issue be added to the list based on your respective
> reviews, please raise your questions on the list for transparency.
>
>
>
> Best regards,
>
> Mathieu
>
> ---------------
>
> Depuis mon mobile, désolé pour le style
>
>
> Début du message transféré :
>
> *Expéditeur:* John Jeffrey via bylaws-coord <bylaws-coord at icann.org>
> *Date:* 3 avril 2016 13:16:28 UTC+2
> *Destinataire:* bylaws-coord at icann.org
> *Cc:* "Flanagan, Sharon" <sflanagan at sidley.com>, "Cc: Zagorin, Janet S." <
> jzagorin at sidley.com>, "Hilton, Tyler" <thilton at sidley.com>, ICANN-Adler <
> ICANN at adlercolvin.com>, "Hofheimer, Joshua T." <jhofheimer at sidley.com>,
> "Mohan, Vivek" <vivek.mohan at sidley.com>, "Clark, Michael A." <
> mclark at sidley.com>, "Boucher, Rick" <rboucher at sidley.com>, Sidley ICANN
> CCWG <sidleyicannccwg at sidley.com>, "Kerry, Cameron" <ckerry at sidley.com>,
> "McNicholas, Edward R." <emcnicholas at sidley.com>, Daniel Halloran <
> daniel.halloran at icann.org>, Amy Stathos <amy.stathos at icann.org>,
> "Boelter, Jessica C.K." <jboelter at sidley.com>, "Fuller, Miles" <
> wfuller at sidley.com>, "Tam, Tennie H." <tennie.tam at sidley.com>
> *Objet:* *[bylaws-coord] DRAFT NEW ICANN BYLAWS - 2 April 2016 version*
> *Répondre à:* John Jeffrey <john.jeffrey at icann.org>
>
> Dear Bylaws Coordination Group,
>
> Please find attached a document – DRAFT NEW ICANN BYLAWS (vers. 2Apr)
> (“DRAFT BYLAWS”) for your review and discussion. As you will recall the
> last full draft was provided to you on 18 March, with the promise to
> provide another full turn of the DRAFT BYLAWS for your review today on 2
> April.  The DRAFT BYLAWS attached is the current working draft among the
> legal drafting group.  There is also an Issue List attached, which are a
> set of additional questions and clarifications requested from the Bylaws
> Coordination Group.
>
>  We ask that you share the attachments with your CCWG, ICG and CWG
> colleagues who will be reviewing this during this critical work week
>
> *Recent Work* – During the past two weeks the legal drafting group, made
> up of Sidley’s team, Adler’s team and ICANN's Legal team reviewed and
> worked through mark ups and redrafts of the various sections of new ICANN
> Bylaws.  Also, we have held four separate meetings with the Bylaws
> Coordination Group during this two-week period asking questions and
> incorporating that feedback into the new draft.  There is likely to be the
> need for some additional discussions as we work toward a public comment
> version of the new ICANN bylaws.
>
> *More Work to Do* – There is still work to do on the DRAFT BYLAWS, in
> identifying and working through any remaining provisions in the draft that
> are not clear, finding any remaining open issues, improving the provisions,
> and polishing the draft before publication for public comment.  The legal
> teams remain engaged in review mode and are available for questions and
> comments during this period.
>
> *Legal Teams have not yet “certified”* – Since a) the Bylaws Coordination
> Group, CWG and CCWG have not yet reviewed and reacted to these DRAFT
> BYLAWS, b) there are still remaining open issues, and c) there is still
> review and polishing to be done by the legal teams – the legal teams have
> not indicated yet that the current DRAFT BYLAWS fully meets the
> recommendations within the Proposals.
>
> As we have indicated above there is still work to be done, including
> receiving the feedback from those reviewing these DRAFT BYLAWS this week
> before the legal teams will be in a position to certify the posting version
> for Public Comment
>
> *Next Steps* –
>
> 1)   *Now until 13 April* – members of CCWG, CWG, Bylaws Coordination
> Group, Board and ICG to complete review of these DRAFT BYLAWS and provide
> feedback to legal teams;
>
> 2)   *Now until 18 April*, (with particular focus during week of 13-18
> April) – legal teams to update DRAFT BYLAWS working in coordination with
> the Bylaws Drafting Group;
>
> 3)   *20 April* – posting date for public comment period for new proposed
> bylaws – with legal teams supporting that the new proposed bylaws meets the
> proposal recommendations.
>
> ———
>
> As before, we look forward to working with all of you in the coming days,
> to get ICANN’s Bylaws in the best form possible to effectuate these
> important changes.
>
> We hope these views of the documents are useful and that you receive them
> in the spirit that they are offered… to help all of us to be able to
> collaborate and work through these Bylaws changes in the most effective way
> possible — to enable the creation of a new and stronger, community
> empowered ICANN.
>
> John Jeffrey, Holly Gregory, and Rosemary Fei
>
> _____________________
>
> ____________________
>
>
>
>
>
>
>
>
>
>
>
> _______________________________________________
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>
>
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>

-- 

*Salanieta Tamanikaiwaimaro aka Sala T*

*P. O. Box 17862*

*Suva*

*Republic of Fiji*

*Cell: +679 7656770; *

*Home: +679 3362003*
*Twitter: @SalanietaT*

*"You will never do anything in this world without courage. It is the
greatest quality of the mind next to honour." Aristotle*
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