[council] Draft Motion - GNSO Representative on the Empowered Community
wolf-ulrich.knoben at t-online.de
Wed Sep 21 19:45:00 UTC 2016
Thanks James for the draft which content I support.
However, I wonder whether under Res. 3 of the draft motion the term “...the GNSO is expected to finalize its decision on the appointment ...” may be too weak with respect to a potential extension of the interim status. A more concrete time (e.g.like “Within three months after the completion of the work of the GNSO Rights & Obligations under Revised ICANN Bylaws Drafting Team and adoption of its recommendations by the GNSO Council, the GNSO is expected to finalize its decision on the appointment...”) could prohibit misunderstandings.
I’d appreciate you accepting it (or a similar deadline) as a friendly amendment.
From: James M. Bladel
Sent: Monday, September 19, 2016 10:23 PM
To: GNSO Council List
Cc: Steve DelBianco
Subject: [council] Draft Motion - GNSO Representative on the Empowered Community
Council Colleagues -
Below and attached, please find a draft motion for appointing a GNSO Representative to the Empowered Community.
As you are no doubt aware, the current Bylaws Drafting Team (led by Steve DelBianco) is examining the nature of the GNSO’s participation in the new Empowered Community, and we anticipate their recommendations very soon. However, as a “Decisional Participant,” the GNSO must identify its representative and communicate this to ICANN’s Secretary before the transition (30 SEP 2016). So we are up against a very tight deadline.
As currently written, the bylaws call for the Chair of each decisional SO/AC, or another designee, to serve in this role. The text of this motion acknowledges this, but notes that this would be an “interim” appointment, pending any changes resulting from the work of the Bylaws Drafting Team.
I hope that all made sense, and look forward to discussing during our next call (29 SEP).
Motion on the interim appointment of the GNSO Representative on the Empowered Community Administration
As stated in Section 1.1(a) of Article 6 of the new ICANN Bylaws, concerning the composition and organization of the Empowered Community (EC), “The Empowered Community (“EC”) shall be a nonprofit association formed under the laws of the State of California consisting of the ASO, the ccNSO, the GNSO, the ALAC and the GAC (each a “Decisional Participant” or “associate,” and collectively, the “Decisional Participants”).”
The sole purpose of the EC is to exercise its rights and perform its obligations under ICANN’s Articles of Incorporation and the ICANN Bylaws, and the EC shall have no other powers or rights except as expressly provided in the ICANN Bylaws. The EC may only act as provided in these Bylaws. Any act of the EC that is not in accordance with these Bylaws shall not be effective.
As outlined in section 6.3 of the new ICANN Bylaws, the GNSO, as a Decisional Participant, shall act through its respective chair or such other person as may be designated by the GNSO (collectively, such persons from all communities are the “EC Administration”). Each Decisional Participant shall deliver annually a written certification from its chair or co-chairs to the ICANN Secretary designating the individual who shall represent the Decisional Participant on the EC Administration.
The GNSO created a Drafting Team (DT) on 30 June 2016 to identify the GNSO’s new rights and obligations, and work with ICANN staff to prepare an implementation plan to address any needed changes by 30 September (see http://gnso.icann.org/en/council/resolutions - 201606).
1. The GNSO Council hereby confirms that the GNSO Chair (currently James Bladel) will represent the GNSO as the Decisional Participant on the Empowered Community Administration on an interim basis.
2. The GNSO representative shall act solely as directed by the GNSO Council in accordance with the ICANN Bylaws and other related GNSO Operating Procedures.
3. Following the completion of the work of the GNSO Rights & Obligations under Revised ICANN Bylaws Drafting Team and adoption of its recommendations by the GNSO Council, the GNSO is expected to finalize its decision on the appointment of the person designated to represent the GNSO as the Decisional Participant on the Empowered Community Administration and will communicate this accordingly to the ICANN Secretary.
4. The GNSO Council requests the GNSO Secretariat to communicate this decision to the ICANN Secretary which will serve as the required written certification from the GNSO Chair designating the individual who shall represent the Decisional Participant on the EC Administration.
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