[council] GNSO Council Resolution 13 November 2014

[Glen de Saint Géry]

Dear Councillors,

The GNSO Operating Procedure<http://gnso.icann.org/en/council/op-procedures-26mar14-en.pdf> foresees absentee voting (per Section 4.4.1 of the GNSO Operating Procedures) for the resolution below that was before the GNSO Council at its meeting on 13 November 2014. Edward Morris was absent from the meeting and submitted an absentee ballot<http://gnso.icann.org/mailing-lists/archives/council/msg16880.html>.

The Voting results<http://gnso.icann.org/en/council/voting-op-procedures-wg-guidelines-13nov14-en.pdf> are:
Contracted Party House: 7 votes in favour (100%)
Non-Contracted Party House: 11 votes in favour and 2 votes against (84.6%)

Changes to GNSO Operating Procedures & Working Group Guidelines to Address Issues relating to Waiver of Motion Deadlines, GNSO Council Voting
Outside a Council Meeting & Working Group Consensus Levels

WHEREAS:

1. The GNSO Council has determined that:

        a. the current GNSO Operating Procedures do not contain a specific provision on waiving the deadline to submit a motion for voting by the GNSO Council;

        b. the current GNSO Operating Procedures also do not contain a specific provision that permits the Council to vote outside a meeting; and

        c. the language relating to Consensus Levels in the current GNSO Working Group Guidelines, which form Annex I of the GNSO Operating Procedures, may
            require further clarification.

2. The GNSO Council requested that the Standing Committee on Improvements Implementation (SCI) consider:

        a. whether there should be modifications to the GNSO Council Operating Procedures to address the issues of waiving the deadline for submission of a motion
            and allowing the Council to vote outside a meeting; and

        b. whether the language relating to Consensus Levels in the GNSO Working Group Guidelines requires clarification.

3. The SCI developed language to be inserted in Section 3.3 (Notice of Meetings) of the GNSO Operating Procedures that provide for a waiver of the prescribed deadline
for the submission of a new motion for voting by the GNSO Council in certain circumstances provided certain specified criteria are met. This recommendation will not affect
the rules regarding the resubmission of a motion approved and added to section 4.3 of the GNSO Operating Procedures in March 2014.

4. In addition, the SCI developed procedures to be added as a new Section 4.10 (Voting Outside A Meeting) to the GNSO Operating Procedures that provide for the GNSO
Council to be able to vote outside a meeting in certain circumstances provided certain specified criteria are met.

5. The SCI also developed clarifying language in the form of a footnote to be added to the Consensus Levels definitions in the GNSO Working Group Guidelines, pending a
fuller review of all the GNSO Working Group Guidelines, which the SCI also recommends.

6. The revised GNSO Operating Procedures, including the proposed additions to the Working Group Guidelines, were put out for public comment for a period of a minimum
of 21 days beginning on 17 September 2014 and ending on 08 October 2014
(see https://www.icann.org/public-comments/gnso-op-procedures-2014-09-17-en), as required by the ICANN Bylaws.

7. As there were no comments received in the public forum the SCI deemed that no further changes were necessary nor was a public comment reply period needed.

RESOLVED

1. The GNSO Council adopts the revised Operating Procedures including the new provisions concerning the waiver of deadline for motions submitted for voting by
the Council and the ability of the Council to vote outside a meeting -
see https://www.icann.org/en/system/files/files/motion-waiver-proposal-16sep14-en.pdf
and https://www.icann.org/en/system/files/files/outside-voting-proposal-16sep14-en.pdf respectively;

2. The GNSO Council adopts the additional footnote language clarifying the Consensus Levels in the GNSO Working Group Guidelines -
see https://www.icann.org/en/system/files/files/consensus-levels-proposal-16sep14-en.pdf

3. The GNSO Council thanks the SCI for its work on these matters and agrees to consider the SCI's request that the current language concerning Consensus Levels
in the GNSO Working Group Guidelines be more fully reviewed and revised as part of a broader exercise in reviewing all the GNSO Operating Procedures, including
the Working Group Guidelines; and
4. The GNSO Council instructs ICANN staff to post the new version of the GNSO Operating Procedures and GNSO Working Group Guidelines, effective immediately upon adoption.

Please let me know if you have any questions.
Thank you.
Kind regards,

Glen

Glen de Saint Géry
gnso.secretariat at gnso.icann.org<mailto:gnso.secretariat at gnso.icann.org>
http://gnso.icann.org
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