[council] Draft Revisions to the ICANN Bylaws Relating to GNSO Restructure

[Tim Ruiz]

X.3.1

I agree with Avri and the following should DELETED from this section:
"subject to the provision that each Board-recognized Constituency shall
be allocated a minimum of one seat on the GNSO Council"

X.3.3

Personally, I think Avri makes a good point but will need to confirm
with the RrC.

X.3.6

I agree with Avri. In fact, I don't understand why this is still an open
issue. Since each house fills a seat there is no need for any such
limitations. The last paragraph of this section should simply read:
"Notification of the Board seat selections shall be given by the GNSO
Chair in writing to the ICANN Secretary, consistent with Article VI,
Sections 8(4) and 12(1)."

X.3.8

There may be advantages to allowing the Nominating Committee to make
this assignment based on criteria provided by the Council as a whole
(for the Council level NCA) and by criteria provided by each of the
houses for their NCA (but final criteria approved by the Council as a
whole). That said, that is just a personal observation for
consideration, not an RrC position.

X.5.1 (Avri called X4.1)

I agree with Avri and suggest that the last paragraph of this section
should be re-written to simply read:

"Each Stakeholder Group is assigned a specific number of Council seats
in accordance with Section 3(1) of this Article (link TBD). The Board
will consider any recommendations presented by the GNSO Council for
structural or procedural changes that may be appropriate to ensure that
the GNSO Council may continue to accommodate additional Constituencies
consistent with the principles and provisions of these Bylaws"

XX.5.5

The first paragraph of this section has the same problem as X.3.1 and
X.5.1. It should be re-written to read:

"Upon the adoption of this Transition Article, the representatives on
the Generic Name Supporting Organization ("GNSO") Council from each of
the existing four Stakeholder Groups shall be appointed or elected
consistent with the rules and procedures of each Stakeholder Group
subject to the following:"


Tim 
 
  -------- Original Message --------
Subject: Re: [council] Draft Revisions to the ICANN Bylaws Relating to
GNSO Restructure
From: Avri Doria <avri at psg.com>
Date: Fri, March 27, 2009 3:16 pm
To: "council at gnso.icann.org" <council at gnso.icann.org>


hi,

A few question/comments on first reading.

-- X3.1

> Each Stakeholder Group may select representatives according to its
> Charter procedures subject to the provision that each Board-recognized
> Constituency shall be allocated a minimum of one seat on the GNSO
> Council. 

I question whether this is indeed in keeping with the intent of the
Board mandated changes as I thought they intended to break the direct
connection between constituencies and council seats.


X3.3

I think that this would possibly stifle an outside voice in one of the
houses. I think that condition C should apply no matter what house a
NCA happens to be in. If the aggrieved house cannot make its case to
the entire council then perhaps its grievance is not as 'for cause' as
they believe.

X3.6

I thought that this was still an open issue waiting board consideration.
As I described in the original report, I still believe that this will
lessen the legitimacy of the board member vis a vis the other members,
as this person would not have been elected by an SO but only by part of
an SO.

> 

x3.8


> and one voting member appointed by the ICANN Nominating Committee 

this read as if the Nomcom is going to determine which NCA sits where.
I would recommend removing removing the line from each of the paragraphs
and inserting:

c. One of the council members appointed by the ICANN Nominating
Committee will be serve as a voting member of each house


the way this is done would then be put in the Operating rules



x4.1

As mentioned above I think the last paragraph is not in keeping with the
Board's intent to separate seating on the council from constituency
existence. If we do this, I believe we have negated one of the main
advantages to be gained from the separation of constituency from
stakeholder group.


thanks

a.