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

Stéphane Van Gelder stephane.vangelder at indom.com
Tue Sep 15 22:19:22 UTC 2009

Thanks for doing this Chuck.

I have requested input or comments from the RrC in order to be able to make
any comments in as timely a manner as possible.


Le 16/09/09 00:00, « Gomes, Chuck » <cgomes at verisign.com> a écrit :

> 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
> https://st.icann.org/gnso-council/index.cgi?24_sept_motions.
> 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
> Whereas:
> * On 27 August 2009 the ICANN Board approved Bylaws Amendments Related to GNSO
> Restructuring (http://www.icann.org/en/general/bylaws-amendments-27aug09.pdf
> <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, ³The 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.²
> ·        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, ³The 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.²
> ·        Article XX (Transition Article), Section 5, item 11 of the Bylaws
> Amendments reads, ³As 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.²
> * 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  Bylaws.
> * 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 information.
> 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 chair¹s 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
> conducted.
> 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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