[council] Motion to Approve Plan for Bicameral Council Seat Transition

Gomes, Chuck cgomes at verisign.com
Tue Sep 15 22:00:58 UTC 2009

I would like to make the motion copied below and attached for Council
consideration in our meeting on 24 September 2009.  Note that it is also
posted on the Council wiki at 
Please note the following:

*	To deal with concerns about the short time constraints and
inability for constituencies to get appropriate input from their
members, please note that the motion only approves the plan as a draft
that will be distributed for public comment; the final plan as possibly
modified by any input during the public comment period or further
Council discussion would be voted on on 28 October in Seoul.
*	A very brief (7-day) public comment period is proposed for the
draft Council Operating Procedures that will be distributed not later
than tomorrow.  The reason for the short comment period is that our next
Council meeting is scheduled for 8 October with just a two-week interval
in between meetings and we will need time in the second week to finalize
the assignment of NCAs to Council seats.
*	I used the comments received from Olga, Alan, Kristina, Stephan
and Mike to develop a plan for assigning the NCAs to seats.  I think I
accommodated suggestions from each of them in the proposed approach.

Please distribute this motion to your constituencies and stakeholder
groups ASAP for their review and input before our meeting on 24
September.  Proposed amendments are welcome.
Thanks, Chuck
Motion to Approve Plan for Bicameral Council Seat Transition


15 September 2009



*	On 27 August 2009 the ICANN Board approved Bylaws Amendments
Related to GNSO Restructuring (
<http://www.icann.org/en/general/bylaws-amendments-27aug09.pdf> ) in
support of the transition to a new GNSO Council to be seated during the
ICANN meetings in Seoul in October 2009. 

*        Article XX (Transition Article), Section 5, item 5.e of the
Bylaws Amendments reads, "The three seats currently selected by the
Nominating Committee shall be assigned by the Nominating Committee as
follows: one voting member to the Contracted Party House, one voting
member to the Non-Contracted Party House, and one non-voting member
assigned to the GNSO Council at large."

*        The Bylaws Amendments were approved too late in the 2009
Nominating Committee process to allow the three Nominating Committee
seats to be assigned by the Nominating Committee.

*        Article XX (Transition Article), Section 5, item 6 of the
Bylaws Amendments reads, "The GNSO Council, as part of its Restructure
Implementation Plan, will document: (a) how vacancies, if any, will be
handled during the transition period; (b) for each Stakeholder Group,
how each assigned Council seat to take effect at the 2009 ICANN annual
meeting will be filled, whether through a continuation of an existing
term or a new election or appointment; (c) how it plans to address
staggered terms such that the new GNSO Council preserves as much
continuity as reasonably possible; (d) the effect of Bylaws term limits
on each Council member."

*        Article XX (Transition Article), Section 5, item 11 of the
Bylaws Amendments reads, "As soon as practical after the commencement of
the ICANN meeting in October 2009, or another date the Board may
designate by resolution, the GNSO Council shall, in accordance with
Article X, Section 3(7) and its GNSO Operating Procedures, elect
officers and give the ICANN Secretary written notice of its selections."

*	The GNSO Council desires to: i) Maximize continuity in the
transition from the old to the new Council; ii) minimize the complexity
for Stakeholder Groups in selecting Councilors; and iii) respect the
rights of GNSO Stakeholder Groups to elect their Council representatives
in ways that best meet their needs while complying with the ICANN
*	The GNSO Council Operations work team prepared draft GNSO
Council Operating Procedures and the Operations Steering Committee
forwarded those for Council consideration on 16 September 2009.


The GNSO Council approves the following plan:

1.      Not later than 30 September 2009 if possible, all Councilors who
will be seated in the 28 October public GNSO Council meeting should be
selected and the GNSO Secretariat provided with their contact

2.      Each Stakeholder Group may determine the term dates for its
respective Councilors provided those dates are compliant with the ICANN
Bylaws and their respective charters; any terms that are changed from
the previously defined dates strictly for the purpose of seating the
bicameral Council shall not be considered partial terms with regard to
complying with Bylaws term limit requirements.

3.      Each House will elect a vice chair for the new bicameral Council
not later than Tuesday, 27 October 2009.  (Ideally, this should happen
during the weekend working sessions on 24-25 October 2009.)

4.      The new bicameral Council will be seated in the public GNSO
Council meeting on 28 October 2009.

5.      Avri Doria, current GNSO Council chair, will serve as chair of
the bicameral Council meeting on 28 October until such time as a new
chair is elected, at which time the new chair will assume the chair
responsibilities. If an absentee ballot is required to complete the
chair's election, this will be a 24 hour ballot scheduled to end on 29
October. If no chair has been elected by the end of the Annual meeting
on 30 October, the vice-chairs will assume the chair responsibilities as
defined in the Bylaws

6.      Not later than 24 September 2009, the existing GNSO Council will
approve a draft of the GNSO Council Operating Procedures (previously
called the Rules of Procedure of the GNSO Council) and submit them for a
7-day public comment period starting not later than 24 September 2009;
such draft will include a revision of those areas of the existing Rules
necessary for seating the bicameral Council.  

7.      As much in advance of the meeting as possible, the agenda for
the 28 October 2009 Council meeting will be prepared by the existing
Council under the leadership of Avri Doria as chair and shall include
but not be limited to the following two action items: 1) Approval of the
Council Operations Procedures necessary for seating the bicameral
Council; 2) Election of chair. 

8.      The Council requests that the Nominating Committee be tasked
with assigning all three Nominating Committee Appointees (NCAs) to
Council seats beginning after the 2010 ICANN Annual Meeting.  For the
period starting on 28 October 2009 and continuing only through the 2010
ICANN Annual Meeting, the following procedure will be used to assign
NCAs to Council seats:

a.       ICANN Staff should ensure that a Statement of Interest is
received from Andrey Kolesnikov and sent to the Council not later than
30 September 2009.

b.      Not later than 30 September 2009, new and existing NCAs will
make best efforts to collaborate and provide their input to the GNSO
Council regarding their recommendations for assigning Council seats.
Such input should include any seating assignments that any of the NCAs
would individually be uncomfortable taking along with their reasons.

c.       Taking into consideration the input from the NCAs, if any, both
GNSO Council Houses and/or their respective Stakeholder Groups should
attempt to reach agreement on the seating for each of the three NCAs for
the first year of the new bicameral Council and communicate the results
to the Council not later than 7 October 2009.

d.      If the GNSO Council Houses and/or their respective Stakeholder
Groups are unable to reach agreement, then the new, inexperienced NCA
will take the non-voting Council seat and random selection will be used
to assign the other two NCAs to Houses before the Council meeting on 8
October 2009.

e.       In the meeting scheduled for 8 October 2009, the Council will
acknowledge the results of this process and confirm that it was properly

9.      The Council requests ICANN Staff support to fulfill this plan,
including but not limited to scheduling and arranging for any needed
teleconference calls.

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