[bylaws-coord] Remaining Questions re CWG punch list

[Greg Shatan]

That sounds right to me as well.

Greg



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*Gregory S. Shatan | Partner*McCARTER & ENGLISH, LLP

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On Wed, Mar 30, 2016 at 8:25 AM, Gregory, Holly <holly.gregory at sidley.com>
wrote:

> Understood and agreed.  That is how we read it.
>
>
>
> *HOLLY* *GREGORY*
> Partner
>
> *Sidley Austin LLP*
> +1 212 839 5853
> holly.gregory at sidley.com
>
>
>
> *From:* Maarten Simon [mailto:maarten.simon at sidn.nl]
> *Sent:* Wednesday, March 30, 2016 8:13 AM
> *To:* Gregory, Holly; jrobinson at afilias.info; Lise Fuhr; Greg Shatan (
> gregshatanipc at gmail.com)
> *Cc:* Flanagan, Sharon; 'bylaws-coord at icann.org'
> *Subject:* RE: Remaining Questions re CWG punch list
>
>
>
> Dear Holly,
>
>
>
> The CWG final proposal prescribes a supermajority for GNSO and ccNSO
> Council decisions on:
>
>
>
> -          Triggering a Special IFR
>
> -          Approving the recommendations of a Special IFR
>
> -          Creating an SCWG
>
> -          Supporting of any SCWG recommendation
>
> -          Ratifying amendments to the IANA SOW
>
>
>
> The discussion on the list seems to be limited to the threshold necessary
> for changes to the CSC charter. Conclusion thereof was that for such
> changes no special majority would be needed. For the rest I do think we are
> obliged to follow the agreed upon CWG proposal. What in my perspective
> should not be defined in the bylaws however (at least for the ccNSO) is
> what a supermajority means. It should be left up to the SO to define this
> themselves. I would be able to live however with a notice that as long as
> the ccNSO has not defined this, this would mean a 2/3 majority or similar.
>
>
>
> Colleagues, please correct me if I talk nonsense here.
>
>
>
> Best,
>
>
>
> Maarten
>
>
>
>
>
> *From:* bylaws-coord-bounces at icann.org [
> mailto:bylaws-coord-bounces at icann.org <bylaws-coord-bounces at icann.org>] *On
> Behalf Of *Gregory, Holly via bylaws-coord
> *Sent:* woensdag 30 maart 2016 0:05
> *To:* jrobinson at afilias.info; Lise Fuhr; bylaws-coord at icann.org
> *Cc:* Flanagan, Sharon
> *Subject:* [bylaws-coord] Remaining Questions re CWG punch list
> *Importance:* High
>
>
>
> Dear Jonathan and Lise, and CWG participants in the Bylaws Coordinating
> Group,
>
>
>
> We appreciate the guidance provided on our questions last week from the
> CWG bylaw drafting session.  We have two outstanding questions from the
> punch list we re-circulated last week.  We have pasted them below for your
> convenience.  As you know, our deadline to circulate bylaws is at the end
> of this week.  We greatly appreciate your attention to this. To expedite
> matters we have included our recommendation for you to consider.
>
>
>
> Question 1. (and 12, 16, 17 &18)  Please confirm GNSO and ccNSO
> supermajority approval threshold.  Page 1 of CWG Staff’s response chart
> refers to supermajority voting of the relevant SO, but page 11 of the CWG
> Staff’s response chart states that the CWG “has agreed to keep the current
> practices (i.e., simple majority voting) for both the GNSO and ccNSO.” As
> the proposal specifically contemplates a supermajority vote for material
> changes to the IANA Functions Contract, the reference to “simple” majority
> on page 11 of the response chart appears to be an error. (Page 10 of Bylaws
> matrix); same question in relation to approval of recommendations relating
> to the IFR relating to the Special IFR and SCWG establishment and the
> separation process.
>
> *Recommendation: Supermajority vote*
>
>
>
> Question 19. Determine number of days within which ICANN must take all
> steps reasonably necessary to effect SCWG recommendations: “As promptly as
> practical (and within [●] [days]) following the SCWG recommendations, or
> in the event of an SCWG recommendation to initiate a Separation Process, as
> promptly as practical (and within [●] [days]) following the approval of
> such recommendation, ICANN shall take all steps reasonably necessary to
> effect such SCWG recommendations.” *(Page 56 of Bylaws Matrix)*
>
> *Recommendation: 30 days*
>
>
>
> Holly and Rebecca
>
>
>
> *HOLLY J. GREGORY*
> Partner and Co-Chair, Global Corporate Governance & Executive Compensation
> Practice
>
>
> *SIDLEY AUSTIN LLP *+1 212 839 5853
> holly.gregory at sidley.com
>
>
>
> *From:* bylaws-coord-bounces at icann.org [
> mailto:bylaws-coord-bounces at icann.org <bylaws-coord-bounces at icann.org>] *On
> Behalf Of *Samantha Eisner via bylaws-coord
> *Sent:* Wednesday, March 23, 2016 8:39 PM
> *To:* bylaws-coord at icann.org
> *Subject:* [bylaws-coord] Questions re CWG bylaws, and CWG punch list
> *Importance:* High
>
>
>
> Attached is the Issues list that was developed in the joint drafting
> session today, as well as the CWG Punch list that Sidley had previously
> provided to the CWG on the outstanding questions on Bylaws.  As I
> understand, there is some overlap.  Taken together, these identify the
> items that need to be addressed so that we can complete a draft of the
> Bylaws addressing the CWG Proposal.
>
>
>
> Thanks,
>
>
>
> Sam
>
>
>
>
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