[council] PDP Feb 06: Board Report

[Liz Williams]

Hello everyone

Just following up on the discussion for the production of the Board  
Report -- I will do this within five days and distribute to the Council.

"1.    After the GNSO Council have voted the Council Report to the  
Board is prepared.  The GNSO’s PDP guidelines stipulate that “the  
Staff Manager will be present at the final meeting of the Council,  
and will have five (5) calendar days after the meeting to incorporate  
the views of the Council into a report to be submitted to the Board  
(the “Board Report”).  The Board Report must contain at least the  
following:

a.    A clear statement of any Supermajority Vote recommendation of  
the Council;
b.    If a Supermajority Vote was not reached, a clear statement of  
all positions held by Council members. Each statement should clearly  
indicate (i) the reasons underlying each position and (ii) the  
constituency(ies) that held the position;
c.    An analysis of how the issue would affect each constituency,  
including any financial impact on the constituency;
d.    An analysis of the period of time that would likely be  
necessary to implement the policy;
e.    The advice of any outside advisors relied upon, which should be  
accompanied by a detailed statement of the advisor's (i)  
qualifications and relevant experience; and (ii) potential conflicts  
of interest;
f.     The Final Report submitted to the Council; and
g.    A copy of the minutes of the Council deliberation on the policy  
issue, including the all opinions expressed during such deliberation,  
accompanied by a description of who expressed such opinions.

It is expected that, according to the Bylaws, “…The Board will meet  
to discuss the GNSO Council recommendation as soon as feasible after  
receipt of the Board Report from the Staff Manager.  In the event  
that the Council reached a Supermajority Vote, the Board shall adopt  
the policy according to the Council Supermajority Vote recommendation  
unless by a vote of more than sixty-six (66%) percent of the Board  
determines that such policy is not in the best interests of the ICANN  
community or ICANN.  In the event that the Board determines not to  
act in accordance with the Council Supermajority Vote recommendation,  
the Board shall (i) articulate the reasons for its determination in a  
report to the Council (the "Board Statement"); and (ii) submit the  
Board Statement to the Council.  The Council shall review the Board  
Statement for discussion with the Board within twenty (20) calendar  
days after the Council's receipt of the Board Statement. The Board  
shall determine the method (e.g., by teleconference, e-mail, or  
otherwise) by which the Council and Board will discuss the Board  
Statement.  At the conclusion of the Council and Board discussions,  
the Council shall meet to affirm or modify its recommendation, and  
communicate that conclusion (the "Supplemental Recommendation") to  
the Board, including an explanation for its current recommendation.  
In the event that the Council is able to reach a Supermajority Vote  
on the Supplemental Recommendation, the Board shall adopt the  
recommendation unless more than sixty-six (66%) percent of the Board  
determines that such policy is not in the interests of the ICANN  
community or ICANN.  In any case in which the Council is not able to  
reach Supermajority, a majority vote of the Board will be sufficient  
to act.  When a final decision on a GNSO Council Recommendation or  
Supplemental Recommendation is timely, the Board shall take a  
preliminary vote and, where practicable, will publish a tentative  
decision that allows for a ten (10) day period of public comment  
prior to a final decision by the Board.”

The final stage in the PDP is the implementation of the policy which  
is also governed by the Bylaws as follows,  “…Upon a final decision  
of the Board, the Board shall, as appropriate, give authorization or  
direction to the ICANN staff to take all necessary steps to implement  
the policy.”

Liz

.....................................................

Liz Williams
Senior Policy Counselor
ICANN - Brussels
+32 2 234 7874 tel
+32 2 234 7848 fax
+32 497 07 4243 mob