[council] Voting Remedies due to Absencer

Ken Bour ken.bour at verizon.net
Wed Oct 27 21:47:27 UTC 2010

Hi Mary and Rosemary:  


Chuck Gomes has apprised me that there are no motions scheduled for this
Thursday’s GNSO Council meeting; therefore, there is no need to implement
any voting remedies such as proxy.   Since the subject of absence and proxy
has arisen a few times, perhaps it would be helpful to use this opportunity
to clarify the procedures that apply.   


I will briefly outline the steps below; however, may I ask that you also
take a look at a visual map that Staff prepared which diagrams how the
voting remedies work for various conditions such as absence or abstention.
The procedures map is located at:
http://gnso.icann.org/council/visual-procedures-map-en.htm and contains
sample email contents for each of the various scenarios that can occur (e.g.
planned absence, unplanned absence, abstention, vacancy).   The procedures
map and the related online Abstention Notification Form
(http://gnso.icann.org/council/abstention-notification-form-en.htm) were
both updated recently based on feedback received.   A separate announcement
will be sent out detailing the changes that were made.  


The GNSO Operating Procedures (GOP) do not provide an option for a sitting
Councilor to transfer votes via proxy.  That authority rests with the
applicable SG or Constituency.   To utilize the proxy voting remedy for a
planned absence requires that:   

1)      The Councilor send an email (sample contents are provided in the
visual map) to his/her SG/C outlining the reason for the absence and
itemizing the motions for which a remedy is sought.   [Note:  if any of the
motions qualifies for absentee balloting, they should be specifically
excluded presuming that the absent Councilor would vote on them
(electronically) within the 72 hour period normally allowed].  

2)      An officer of the “Appointing Organization” transmit certain
required information (ref. Section 4.5.4-b) to the GNSO Secretariat before
the start of the meeting.   The information can be provided via the online
form as referenced above.  

3)      There are two important proxy requirements that are addressed in the
online form:  

a.      For each motion that is scheduled to come up for vote, the
“Appointing Organization” must have established an affirmative or negative
voting position per its Charter provisions; and

b.      For each motion, the “Appointing Organization” must affirm that is
has directed the Councilor serving as proxy how to vote. 


In the specific case of the NCSG, Staff notes that the “Appointing
Organization” differs between the Board appointees and those Councilors who
were elected by the NCUC.   For Mary, Bill, and Wendy, a voting remedy would
have to be authorized by the NCUC Chair (or designated officer); whereas,
for Rosemary, Debbie, and Rafik, there is a footnote in the GNSO Operating
Procedures which stipulates that they are considered to have been appointed
by the NCSG.   


If there were motions to be voted on this Thursday; then the above steps
would have to have been completed before the start of the Council meeting in
order for the identified Councilor to register the proxy vote.   


In some situations, it is recognized that it may be difficult for the proxy
conditions to be satisfied.  In those cases, another option that could be
employed is the “Temporary Alternate (TA)” remedy.   There is no requirement
for a prior voting position or directing a Councilor’s vote; however, you
should be aware that a TA cannot be a sitting (or term-limited) Councilor.
All of the TA conditions are covered in the visual map as well as the GOP
(see Section 4.5.3-c).  


If there are any additional questions, I would be pleased to try and answer
them.   The topic of voting remedies is due to be discussed (Item #5) on the
Council agenda this Thursday.   Fortunately, Ray Fassett, Chair of the GCOT,
will be on hand to provide an overview, philosophy, and rationale for the
procedures that have been adopted.   Staff will also be available to answer
any specific procedural questions that may arise.  


Finally, a short commercial advertisement:  Staff has a standing offer
available to any SG/C that would like to have a briefing or tutorial on the
voting remedies procedures.   




Ken Bour


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