[council] MOTION - To Approve the Proposed Fundamental Bylaws Amendment

Mon Jul 3 15:38:37 UTC 2017

Thank you, James.

This has been posted on the Motion page for the GNSO Council meeting on 13 July 2017: https://community.icann.org/x/DWfwAw

Kind regards,

Nathalie

From: <council-bounces at gnso.icann.org> on behalf of James Bladel <jbladel at godaddy.com>
Date: Monday, July 3, 2017 at 5:17 PM
To: "council at gnso.icann.org" <council at gnso.icann.org>
Subject: [council] MOTION - To Approve the Proposed Fundamental Bylaws Amendment

Councilors -

Attached and copied below, please find a Motion for the GNSO to approve the proposed Fundamental Bylaws Amendment discussed during the Community Forum at ICANN59.

I note that some SGs/Cs have already indicated their support for this issue, so I ask that Councilors from other Stakeholder Groups (esp. Contracted Parties) please confirm their group’s support in advance of our 13 JUL meeting.

Additionally, please note that we must also consider, at on our 13 JUL meeting, any petitions submitted by SG/Cs to reject the ICANN FY2018 Budget.  It’s probably not realistic to expect those to be posted by today’s deadline, so we will waive the 10-day notice for any petitions.  However, I would encourage any Councilor or Group considering such a petition to recognize the significant impact of rejecting the budget, and falling back to the “Caretaker Budget”.  For this reason, I ask everyone to proceed thoughtfully, and only submit a petition if it is supported by a clear & compelling rationale.  Otherwise, I expect it could face stiff resistance here on the Council and within the Empowered Community Administration.

Thank you,

J.

-----------------------------------

MOTION FOR APPROVAL OF THE FUNDAMENTAL BYLAW AMENDMENT TO TRANSFER RESPONSIBILITY FOR RECONSIDERATION REQUESTS TO A NEW BOARD COMMITTEE

WHEREAS, on 1 October 2016 the revised ICANN Bylaws went into effect, creating a new Empowered Community mechanism by which ICANN’s Supporting Organizations and Advisory Committees can organize under California law to legally enforce the community powers described in the Bylaws (https://www.icann.org/resources/pages/governance/bylaws-en[icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources_pages_governance_bylaws-2Den&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=V91xRhn_oTMhshfYlJeuHbHURucnROn4j9QO9BYUA3U&s=hcgwLDKoVfC8T_zTOBpsHLewx8VzBS538JwViBi4svQ&e=>);

WHEREAS, one of these new community powers is the right to approve amendments to ICANN’s Fundamental Bylaws;

WHEREAS, on 23 May 2017 and as required under the ICANN Bylaws, the ICANN Secretary notified the Empowered Community that on 18 May 2017 the ICANN Board had approved an amendment to Section 4.2 of the ICANN Bylaws, which is one of ICANN’s Fundamental Bylaws (https://www.icann.org/en/system/files/correspondence/jeffrey-to-eca-23may17-en.pdf[icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_correspondence_jeffrey-2Dto-2Deca-2D23may17-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=V91xRhn_oTMhshfYlJeuHbHURucnROn4j9QO9BYUA3U&s=o2ocwe0eyHXmKI0vin1QZctikLlMTLRbpsAlBnu1Zvw&e=>);

WHEREAS the Secretary’s Notice thereby triggered the Empowered Community Approval Action Process that is documented in Article 1, Annex D of the ICANN Bylaws (https://www.icann.org/resources/pages/governance/bylaws-en/#annexD[icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources_pages_governance_bylaws-2Den_-23annexD&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=V91xRhn_oTMhshfYlJeuHbHURucnROn4j9QO9BYUA3U&s=nWtxkMvJwZQ9mJ1N_VIdUcW85lw_Jht--SW6lbk9rJs&e=>);

WHEREAS, on 24 May 2017 and pursuant to Section 1.3(a) of Article 1, Annex D, the Empowered Community Administration requested that ICANN convene a Community Forum during which the five Decisional Participants that comprise the Empowered Community as well as interested participants can discuss the proposed Fundamental Bylaw amendment (https://www.icann.org/en/system/files/correspondence/deerhake-to-jeffrey-24mar17-en.pdf[icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_correspondence_deerhake-2Dto-2Djeffrey-2D24mar17-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=V91xRhn_oTMhshfYlJeuHbHURucnROn4j9QO9BYUA3U&s=Z-QasbPel5LvwOpkm0rlpTOjVvkLj6KpinxTclTJ52k&e=>);

WHEREAS, the Community Forum was held on 27 June 2017 during the ICANN59 Public Meeting in Johannesburg, South Africa (http://sched.co/B3ou[sched.co]<https://urldefense.proofpoint.com/v2/url?u=http-3A__sched.co_B3ou&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=V91xRhn_oTMhshfYlJeuHbHURucnROn4j9QO9BYUA3U&s=-A0Rp0k5u0am9Ho1Z6_2xUJfmiFK7z-G48AKkj1fEYk&e=>); and

WHEREAS, during the Approval Action Decision Period that follows immediately on the expiration of the Community Forum Period on 29 June 2017, each of the five Decisional Participants in the Empowered Community (including the GNSO) have twenty-one (21) days (ending at 06.59 UTC on 21 July 2017) to decide whether to support or object to the Fundamental Bylaw amendment, or abstain from the matter;

RESOLVED:

  1.  The GNSO Council votes to approve the amendment to Section 4.2 of the ICANN Bylaws, being an amendment to an ICANN Fundamental Bylaw, as detailed in the Board resolution of 18 May 2017 (https://www.icann.org/resources/board-material/resolutions-2017-05-18-en#1.c[icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources_board-2Dmaterial_resolutions-2D2017-2D05-2D18-2Den-231.c&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=V91xRhn_oTMhshfYlJeuHbHURucnROn4j9QO9BYUA3U&s=AiMHN2al9QVqw7tHKeRLsykqQs12FGn9M9oSYYPmsHQ&e=>).

  1.  The GNSO Council directs the GNSO Secretariat to forward this resolution to the Empowered Community Administration before the expiration of the Approval Action Decision Period, as required under Section 1.4, Article 1, Annex D of the ICANN Bylaws.

  1.  The GNSO Council directs James Bladel, the GNSO’s interim representative to the Empowered Community Administration, to coordinate with the other four Decisional Participant representatives to ensure that the Empowered Community Administration observes and completes the appropriate process outlined in Section 1.4(b) and (c), Annex D.

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