[council] Follow up on proposed revisions to GNSO Operating Procedures and ICANN Bylaws

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Thu Oct 12 01:29:43 UTC 2017


I certainly agree. To those of us who followed these things at a 
distance, it would be important to walk it through.

cheers Stephanie


On 2017-10-11 03:17, Rafik Dammak wrote:
> Hi Marika,
>
> I support scheduling a separate call for this topic.
>
> Best,
>
> Rafik
>
> 2017-09-27 23:53 GMT+09:00 Marika Konings <marika.konings at icann.org 
> <mailto:marika.konings at icann.org>>:
>
>     Dear All,
>
>     Following up on the update on the revised GNSO Operating
>     Procedures and ICANN Bylaws that was provided during the last
>     meeting (see
>     https://gnso.icann.org/en/drafts/gop-bylaws-20sep17-en.pdf
>     <https://gnso.icann.org/en/drafts/gop-bylaws-20sep17-en.pdf>), I
>     wanted to highlight that even though the staff report is long and
>     addresses all the post-transition Bylaw changes and how these have
>     been addressed as a result of the Bylaws DT recommendations, the
>     actual changes to the GNSO Operating Procedures and the ICANN
>     Bylaws are fairly limited. As such, I would recommend that you
>     review the attached redline versions so that you get a better
>     sense of the changes that are being proposed. To summarize, the
>     redline includes:
>
>      1. Changes to section 11.3.i of the ICANN Bylaws to reflect
>         new GNSO voting thresholds^1
>         <https://www.icann.org/public-comments/gnso-op-procedures-2017-06-19-en#foot1>which
>         are different from the current threshold of a simple majority
>         vote of each House.
>      2. Changes to the GNSO Operating Procedures, section 4.9 (Consent
>         Agenda) to reflect that certain decisions are to be confirmed
>         "automatically" by the GNSO Council through its consent agenda.
>      3. Addition to the GNSO Operating Procedures to clarify that in
>         specific circumstances, the GNSO Council may waive the
>         timeframes currently referenced in the GNSO Operating
>         Procedures in relation to submission of motions as well as
>         scheduling of meetings to meet its obligations under the
>         timelines outlined in the ICANN Bylaws as a Decisional
>         Participant.
>      4. Addition to the GNSO Operating Procedures to clarify that
>         certain petitions submitted by an individual must be submitted
>         through a GNSO Stakeholder Group or Constituency to
>         the GNSO Council for consideration. For this purpose,
>         each GNSO Stakeholder Group and Constituency must develop
>         clear rules for the submission of such petitions, including
>         any requirements for the criteria to be included in a
>         petition. These rules would be added to the GNSO Operating
>         Procedures as an annex once available.
>      5. Addition to the GNSO Operating Procedures to clarify that all
>         petitions concerning a director removal process submitted by
>         an individual must be submitted directly to the GNSO Council.
>         For this purpose, the GNSO Council will develop a clear
>         process and rules for the submission of such petitions,
>         including any requirements for the criteria to be included in
>         a petition. These rules would be added to the GNSO Operating
>         Procedures as an annex once available.
>
>     In addition to these modifications, the redline version also
>     includes the following updates:
>
>       * Updated references to the ICANN Bylaws as many changed as a
>         result of the post-transition Bylaws;
>       * Updated the generalized schedule for board elections to align
>         it with the timing as well as notification requirements
>         outlined in the post-transition Bylaws;
>       * Included references to the Governmental Advisory
>         Committee (GAC) Quick Look Mechanism in the PDP Manual as a
>         result of the GAC-GNSO Consultation Group recommendations, and;
>       * Included references to the inclusion of a draft PDP WG Charter
>         in the Preliminary Issue Report in the PDP Manual as a result
>         of the GNSO Improvements recommendations.
>
>     As noted during my presentation during the last Council meeting,
>     in response to the public comments provided, staff would suggest
>     making the following updates:
>
>       * In relation to the waiver for petitions and the suggestion by
>         the IPC that any recommendations in this regard are
>         unanimously taken by the GNSO Chair and Council Vice-Chairs,
>         staff notes that the proposed language reads ‘as recommended
>         by the GNSO Chair and Council Vice-Chairs’ which implies that
>         this is a unanimous recommendation. However, should there be a
>         desire to explicitly state this assumption, the following
>         wording could be considered ‘as recommended unanimously by the
>         GNSO Chair and Council Vice-Chairs’.
>       * Clarifying the voting results table in Appendix 1 with regards
>         to approval of a petition and approval of a petition notice to
>         remove a director holding seat 13 or 14by changing >75% of one
>         to  >75% of the House that appointed the Director
>
>     As pointed out during the meeting, until such time the GNSO
>     Council adopts the revised GNSO Operating Procedures and ICANN
>     Bylaws the existing rules apply to any actions and/or decisions
>     related to the GNSO as a member of the Empowered Community.
>
>     If it would be helpful, staff would be more than willing to
>     schedule a separate call to go through the proposed changes as
>     well as any questions you may have. Just let us know and we can
>     schedule accordingly.
>
>     Best regards,
>
>     Marika
>
>     */Marika Konings/*
>
>     /Vice President, Policy Development Support – GNSO, Internet
>     Corporation for Assigned Names and Numbers (ICANN) /
>
>     /Email: marika.konings at icann.org <mailto:marika.konings at icann.org> /
>
>     //
>
>     /Follow the GNSO via Twitter @ICANN_GNSO/
>
>     /Find out more about the GNSO by taking our interactive courses
>     <http://learn.icann.org/courses/gnso> and visiting the GNSO
>     Newcomer pages
>     <http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-efforts.htm#newcomers>.
>     /
>
>
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