[council] NomCom Rebalancing response

Wed Jul 5 11:17:42 UTC 2023

Many thanks for your analysis Paul; I completely agree with you. I would suggest that either we leave it as it is or, if you believe that the insertion of “fairly” would add an extra dimension not captured in the original then no problem for me to add that.
Best to all
Marie

From: council <council-bounces at gnso.icann.org> On Behalf Of Paul McGrady via council
Sent: 05 July 2023 12:56
To: Marika Konings <marika.konings at icann.org>; Tomslin Samme-Nlar <mesumbeslin at gmail.com>
Cc: Julie Bisland via Gnso-secs <gnso-secs at icann.org>; GNSO-Chairs <gnso-chairs at icann.org>; council at gnso.icann.org
Subject: Re: [council] NomCom Rebalancing response

Thanks Marika,

All, I don’t think “equally” works in this context since Stakeholder groups aren’t comprised of the same number of constituencies.  I think of equally in this instance as a mathematical term and it could be read to mean that we would be advocating for:

  *   Adding one seat for NPOC (I think everyone is OK with that)
  *   Taking away 1 seat from the BC so that Constituencies are “equally” represented (I expect some BC reps may want to weigh in on that)
  *   Adding 1 additional seat for the NCSG (since the CSG would then have 3 and the NCSG would only have 2) and adding 2 additional seats for each of the RrSG and RySG since they would only have 1 each and the NCSG and CSG would have 3 each at that point.
  *   But then at least one constituency in the NSG would have 2 seats since an additional seat was added to them (3 seats and only 2 constituencies) so then each constituency in the CSG would need another seat so that things are equal at the constituency level, which would then trigger another round of additions at the stakeholder group level on both sides and the expansion process would never end.

I much prefer the term “fairly” rather than “equally” since it doesn’t trigger an unending expansion nor does it confine us to a strict scarcity.  I seriously doubt that any of the other SOs and ACs will put in comments designed to limit how many seats they get on NomCom and the Council doing so for its SO at this stage doesn’t seem like a good opening negotiating position.

Tomslin, does “fairly” capture what you were trying to accomplish with “equally”?  “Fairly” allows us to capture the concept of internal balance within our own SO and leaves open to discussions amongst ourselves later on how to accomplish that.  If “fairly” doesn’t work, is there a different term we can use that does which does not trigger the math problem above?

Best,
Paul

From: Marika Konings <marika.konings at icann.org>
Sent: Wednesday, July 5, 2023 5:30 AM
To: Tomslin Samme-Nlar <mesumbeslin at gmail.com>; Paul McGrady <paul at elstermcgrady.com>
Cc: GNSO-Chairs <gnso-chairs at icann.org>; Julie Bisland via Gnso-secs <gnso-secs at icann.org>; council at gnso.icann.org
Subject: Re: [council] NomCom Rebalancing response

All, can you please indicate if there are any concerns about the additional edit proposed by Tomslin by 19.00 UTC today (Wednesday) at the latest? If no concerns are raised, we’ll go ahead and submit the updated letter to our Board Support colleagues.

Best regards,

Marika

From: council <council-bounces at gnso.icann.org<mailto:council-bounces at gnso.icann.org>> on behalf of Tomslin Samme-Nlar via council <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Reply to: Tomslin Samme-Nlar <mesumbeslin at gmail.com<mailto:mesumbeslin at gmail.com>>
Date: Tuesday, 4 July 2023 at 16:00
To: Paul McGrady <paul at elstermcgrady.com<mailto:paul at elstermcgrady.com>>
Cc: "gnso-chairs at icann.org<mailto:gnso-chairs at icann.org>" <gnso-chairs at icann.org<mailto:gnso-chairs at icann.org>>, "gnso-secs at icann.org<mailto:gnso-secs at icann.org>" <gnso-secs at icann.org<mailto:gnso-secs at icann.org>>, "council at gnso.icann.org<mailto:council at gnso.icann.org>" <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: Re: [council] NomCom Rebalancing response

Hi Paul,

Thanks alot. That suggestion works. For completeness, I also made a minor edit to Question #1. So here below is what I see as the proposed response which includes your suggestion:

  1.
  2.
  3.  What does it mean to have a balanced
  4.  NomCom at a point in time? For example, what criteria would you apply to measure or assess whether the NomCom is balanced? And further, how can one test whether or not the NomCom is balanced?
  5.

GNSO Council response: The current NomCom structure is based on appointments made by bodies defined in the ICANN Bylaws ACs, SOs, SGs and Constituencies (https://www.icann.org/nomcom2023). Going by this structure, a balanced NomCom is one with all Stakeholder Groups and Constituencies equally represented and this also forms the measure of balanced.

2.
3.
4.      Do you support the view that the
5.      current composition of the NomCom needs to be rebalanced? Please explain why or why not.
6.

GNSO Council response: Composition of the NomCom is based on appointments made by bodies defined in the ICANN Bylaws. Article 8.2 of the ICANN Bylaws regarding NomCom composition refers to GNSO organizations as per Article 11. However, the only NCSG constituency listed is NCUC. Accordingly, Article 8.2 of the Bylaws should be amended to add a seat on the NomCom for NPOC. The GNSO Council supports rebalancing the current composition to allow for all GNSO Constituencies to appoint at least one delegate to the NomCom.

4.
5.
6.      How do you suggest that the NomCom’s
7.      composition be rebalanced?
8.

GNSO Council response: Addition of one seat in order to better represent the disparities amongst Constituencies representation and in order for NPOC to also be represented at the NomCom.

Happy to discuss further.

Warmly,
Tomslin

On Mon, 3 Jul 2023 at 22:45, Paul McGrady via council <council at gnso.icann.org<mailto:council at gnso.icann.org>> wrote:
Thanks Bruna, Mark, Farell, Tomslin, and Susan,

All, I think the reason for Susan’s proposed edit is coming from the current text which uses the singular article “a”, i.e. that at the end of the rebalancing each GNSO constituency would get “a” (singular) delegate to the Nom Com.

2.       Do you support the view that the current composition of the NomCom needs to be rebalanced? Please explain why or why not.
GNSO Council response: Composition of the NomCom is based on appointments made by bodies defined in the ICANN Bylaws. Article 8.2 of the ICANN Bylaws regarding NomCom composition refers to GNSO organizations as per Article 11. However, the only NCSG constituency listed is NCUC. Accordingly, Article 8.2 of the Bylaws should be amended to add a seat on the NomCom for NPOC. The GNSO Council supports rebalancing the current composition to allow for all GNSO Constituencies to appoint a delegate to the NomCom.

Combined with our request to add NPOC, this use of the singular article “a” could be read as the Council’s desire to remove one NomCom seat from the BC (which has 2) and give that to NPOC.  If that is not our will, we need to correct the singular article “a”, perhaps along the lines of “at least one.”  I think this makes more sense anyway, since why should we limit ourselves this early in the discussions when others in the community are certainly going to advocate for more seats for them while the Council, in the current draft, is advocating for simply reshuffling what we already have.

If it is our will, however, to eliminate one seat for the BC and transfer that seat to the NPOC, I don’t think we should hide a ball that big – let’s just say it directly.  I expect the BC reps may want to reply to this email.

For clarity, I think we should not include Susan’s addition, but modify our response on 2. to read:

2.       Do you support the view that the current composition of the NomCom needs to be rebalanced? Please explain why or why not.
GNSO Council response: Composition of the NomCom is based on appointments made by bodies defined in the ICANN Bylaws. Article 8.2 of the ICANN Bylaws regarding NomCom composition refers to GNSO organizations as per Article 11. However, the only NCSG constituency listed is NCUC. Accordingly, Article 8.2 of the Bylaws should be amended to add a seat on the NomCom for NPOC. The GNSO Council supports rebalancing the current composition to allow for all GNSO Constituencies to appoint at least one delegate to the NomCom.

Hope this helps.

Best,
Paul

From: council <council-bounces at gnso.icann.org<mailto:council-bounces at gnso.icann.org>> On Behalf Of Bruna Martins dos Santos via council
Sent: Monday, July 3, 2023 4:08 AM
To: Mark W. Datysgeld <mark at governanceprimer.com<mailto:mark at governanceprimer.com>>
Cc: GNSO-Chairs <gnso-chairs at icann.org<mailto:gnso-chairs at icann.org>>; Julie Bisland via Gnso-secs <gnso-secs at icann.org<mailto:gnso-secs at icann.org>>; COUNCIL at GNSO.ICANN.ORG<mailto:COUNCIL at GNSO.ICANN.ORG>
Subject: Re: [council] NomCom Rebalancing response

Id like to also support Tomslin point on this matter. And I trust that the language that is on the document translates well NCSG's concerns regarding the addition of a seat in order to better represent the current configuration of GNSO at NomCom. And, in all honesty, I think this discussion is about remedying the lack of proper Non-Commercial representation at the committee, above all.

Best,
Bruna

On Mon, Jul 3, 2023 at 3:19 AM Mark W. Datysgeld via council <council at gnso.icann.org<mailto:council at gnso.icann.org>> wrote:
We could probably do with CPH or NomCom appointees input here.
---
Mark W. Datysgeld
Director at Governance Primer
ICANN GNSO Councilor
________________________________
From: Farell FOLLY via council <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Sent: Sunday, July 2, 2023 19:41
To: Tomslin Samme-Nlar
Cc: GNSO-Chairs; Julie Bisland via Gnso-secs; COUNCIL at GNSO.ICANN.ORG<mailto:COUNCIL at GNSO.ICANN.ORG>
Subject: Re: [council] NomCom Rebalancing response

I would second Tomslin on this.

Best regards
@__f_f__
____________________________________

Lt-Colonel Farell FOLLY, Ir.

GNSO Councillor - ICANN (Los Angeles, USA).
https://www.linkedin.com/in/farellf/?locale=en_US [linkedin.com]<https://urldefense.com/v3/__https:/www.linkedin.com/in/farellf/?locale=en_US__;!!PtGJab4!-NO1vP6Oqrn9m1RFY7fqIGYX-3qDAzgRvypb-xyXk3XONsB1NNMEZ0TFzxw9Kj-4OXYxWsiE13QgYPkmuG_Nj8tUlrOecw$>

On 2 Jul 2023, at 12:57, Tomslin Samme-Nlar via council <council at gnso.icann.org<mailto:council at gnso.icann.org>> wrote:

Dear Susan, all

I would like to politely disagree with the proposed change. I think section 4 as originally written answers the question of 'how' enough from a council perspective.

Warmly,
Tomslin

On Sat, 1 July 2023, 02:30 Susan Payne via council, <council at gnso.icann.org<mailto:council at gnso.icann.org>> wrote:
Hi Sebastien
Thanks for this, and thanks to those who worked on the draft.  I have proposed one addition to section 4 : “For avoidance of doubt, we do not believe that this should be effected by removing any seats from other GNSO groups.”  I would trust that my Council colleagues would not disagree with this.

thanks

Susan Payne
Head of Legal Policy
Com Laude
T +44 (0) 20 7421 8250
Ext 255

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Sent: Monday, June 26, 2023 9:28 PM
To: COUNCIL at GNSO.ICANN.ORG; GNSO-Chairs <gnso-chairs at icann.org>; gnso-secs at icann.org
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https://docs.google.com/document/d/1QF_o1d5o3cqdJi1c_2YyWcsCepWpKGx-/edit?pli=1 [comlaude.com]<https://urldefense.com/v3/__https:/comlaude.com/__;!!PtGJab4!-NO1vP6Oqrn9m1RFY7fqIGYX-3qDAzgRvypb-xyXk3XONsB1NNMEZ0TFzxw9Kj-4OXYxWsiE13QgYPkmuG_Nj8vlzs_uFQ$>
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We have prepared a response to the Board’s questions about the NomCom rebalancing.
While we discussed this in DC (albeit briefly), we didn’t sense the need for any specific response from the Council other than to maybe say that we would welcome the opportunity of a seat at the table for an NPOC representative (the only SG/C not currently represented). [comlaude.com]<https://urldefense.com/v3/__https:/comlaude.com/__;!!PtGJab4!-NO1vP6Oqrn9m1RFY7fqIGYX-3qDAzgRvypb-xyXk3XONsB1NNMEZ0TFzxw9Kj-4OXYxWsiE13QgYPkmuG_Nj8vlzs_uFQ$>
As it the tradition, the GNSO Council will limit its comments to what is directly a Council concern, and will let its different SG&Cs comment in their own right. [comlaude.com]<https://urldefense.com/v3/__https:/comlaude.com/__;!!PtGJab4!-NO1vP6Oqrn9m1RFY7fqIGYX-3qDAzgRvypb-xyXk3XONsB1NNMEZ0TFzxw9Kj-4OXYxWsiE13QgYPkmuG_Nj8vlzs_uFQ$>
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With this in mind, can I ask you to review the Google doc referenced above, and indicate by Friday 30 June any concerns you may have with this letter going out? The response deadline to the Board in Friday. Please also ensure your SG/Cs formulate their own response by then if not already done. [comlaude.com]<https://urldefense.com/v3/__https:/comlaude.com/__;!!PtGJab4!-NO1vP6Oqrn9m1RFY7fqIGYX-3qDAzgRvypb-xyXk3XONsB1NNMEZ0TFzxw9Kj-4OXYxWsiE13QgYPkmuG_Nj8vlzs_uFQ$>
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German Chancellor Fellow 21' (Bundeskanzler-Stipendiatin) | Alexander von Humboldt Foundation [comlaude.com]<https://urldefense.com/v3/__https:/comlaude.com/__;!!PtGJab4!-NO1vP6Oqrn9m1RFY7fqIGYX-3qDAzgRvypb-xyXk3XONsB1NNMEZ0TFzxw9Kj-4OXYxWsiE13QgYPkmuG_Nj8vlzs_uFQ$>

Member | Coalizão Direitos na Rede
Co-Coordinator | Internet Governance Caucus  [comlaude.com]<https://urldefense.com/v3/__https:/comlaude.com/__;!!PtGJab4!-NO1vP6Oqrn9m1RFY7fqIGYX-3qDAzgRvypb-xyXk3XONsB1NNMEZ0TFzxw9Kj-4OXYxWsiE13QgYPkmuG_Nj8vlzs_uFQ$>
Twitter: @boomartins // Skype: bruna.martinsantos [comlaude.com]<https://urldefense.com/v3/__https:/comlaude.com/__;!!PtGJab4!-NO1vP6Oqrn9m1RFY7fqIGYX-3qDAzgRvypb-xyXk3XONsB1NNMEZ0TFzxw9Kj-4OXYxWsiE13QgYPkmuG_Nj8vlzs_uFQ$>
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