[Gnso-bylaws-dt] Actions & Notes: GNSO Drafting Team Meeting 07 August 21:00 UTC

[Julie Hedlund]

Dear all,



Please see below the action items and notes captured by staff from the GNSO Drafting Team meeting held on 07 August 2019 (21:00-22:00 UTC).  Staff have posted these to the wiki space.  Please note that these are high-level notes and are not meant as a substitute for the recording, chat room, or transcript. The recording, AC chat, transcript and attendance records are posted on the wiki at: https://community.icann.org/pages/viewpage.action?pageId=111391354.



Please note that all versions of the guidelines may be found on the wiki at: https://community.icann.org/display/GBIDT/Templates+and+Guidelines+Depository.



Best Regards,

Julie

Julie Hedlund, Policy Director



Actions Items:



  1.  Section 1.3 Approval Action Community Forum: Staff will resolve all comments and post the document to the wiki.
  2.  Section 2.2 Petition Process for Specified Actions and Section 2.3 Rejection Action Community Forum:
     *   Staff will make the edits as identified below;
     *   Heather will review;
     *   Staff will send to the DT to review



Notes:



1. Updates to Statements of Interest: No updates provided.



2. Results of Final Call: Section 1.3 Approval Action Community Forum (24 July):



Section 4.2 – input and feedback is from the stakeholder groups and constituencies;

-- Is there an argument to get input from individuals in the GNSO community?

-- If we open up to individuals for 2.2 and 2.3 (and 3.1 an 3.2), shouldn’t we do so here?

-- You may want to note this part of Annex D: “any Supporting Organization or Advisory Committee (including Decisional Participants) may deliver to the EC Administration in writing its views and questions on the Approval Action prior to the convening of and during the Approval Action Community Forum”.

-- Concerned that the input needs to come under the Bylaws from the SO... the GNSO is made up of SGs/Cs.

-- And “ each Decisional Participant shall inform the EC Administration in writing as to whether such Decisional Participant (i) supports such Approval Action, (ii) objects to such Approval Action or (iii) has determined to abstain".

-- Unlike Rejection Actions, the Bylaws/Annex D do not specifically mention “individuals”; though of course there is nothing to prevent a Decisional Participant from expressly including a requirement within its own procedures about receiving individual views. It’s just not a requirement (unlike Rejection Petitions).

-- ACTION ITEM: Resolve all comments and post final version on the wiki.



3. Continue Discussion: Section 2.2 Petition Process for Specified Actions and Section 2.3 Rejection Action Community Forum (24 July):

1. Introduction:



ACTION ITEM: Make the same changes to the introductory text in all of the guidelines and templates documents.



4. GNSO Rejection Action Petitions



4.1 Who is eligible to submit a Rejection Action Petition to the GNSO Council? The GNSO Council will consider a Petition from a GNSO Stakeholder Group or Constituency.

-- Comment from Wolf-Ulrich: Individuals? See Annex D, 2.2.b

-- The bylaws say “subject to the procedures and requirements developed by the applicable Decisional Participant, an individual may submit a petition to a Decisional Participant, seeking to reject the Rejection Action and initiate the Rejection Process (a "Rejection Action Petition")."

-- GNSO can decide how they want to do this.  Structure suggests that it would fall with the Stakeholder Group and Constituency.

-- As long as the GNSO (in this case) allows for a process where individuals may submit petitions, there is no Bylaws requirement as to how you do it.

-- Should be a process for how an individual from a Constituency or SG may make a petition.  Could be that an SG/C might not agree with the petition but might allow it to go forward.

Acc. to 2.2b: ...an individual may submit a petition to a Decisional Participant, ...

-- This is a really important point: you will have the same issue with removal of Board members, so you should make the language consistent.

-- The GNSO is unique as a Decision Participant.  The distinction is between the right of an individual to send in a petition to the GNSO and the method by which the petition is transmitted.  An individual should have a right to do it, but it should go through an SG/C.

-- For the GNSO is it conceivable that an SG/C might have a charter that says they won’t accept a petition from an individual. But make sure that there is a route for an individual to go through an SG/C to get a petition to the Council.

-- It’s really a critical “constitutional” right that you’re dealing with here and, like I said, it comes up again in other powers (like Director removal).



ACTION ITEM:  Come back to this suggested draft text – “As per Bylaws Section 2.2(b) of Annex D of the ICANN Bylaws, an individual from a GNSO Stakeholder Group of Constituency may submit a Petition to the GNSO Stakeholder Group of Constituency, seeking to reject the Rejection and initiate the Rejection Process.”



4.2.1 Rejection Action Petition Submission Period

Within the first ten (10) days after the start of a Rejection Action Petition Period, any constituent identifiedlisted in Section 4.1 above may submit a Rejection Action Petition to the GNSO Council.



4.2.3 Rejection Action Petition Review and Certification

On receipt of a Rejection Action Petition submitted by an eligible constituent per Section 4.1 of this Guideline, the GNSO Secretariat will promptly circulate the Rejection Action Petition to the GNSO Council via the GNSO Council mailing list.

-- Change “call” to “meeting”.



4.2.6 Informing the Community, Other Decisional Participants and the EC Administration of Acceptance of the Rejection Action Petition

Within twenty-four (24) hours after the GNSO Council decides to accept the Rejection Petition, the GNSO Representative on the EC Administration, now acting on behalf of the GNSO as the Rejection Action Petitioning Decisional Participant, will promptly provide a Rejection Action Petition Notice to the EC Administration, the other Decisional Participants, and the ICANN Corporate Secretary. In accordance with the Bylaws (Annex D, Section 2.2(a)(i)(A)-(E)) the Rejection Action Petition Notice must include:

• The Petition and the rationale for the Petition; and

• The GNSO Council Decision, and the rationale for their decision to accept the Petition.— Council may provide a rationale for its decision to accept the Petition, but is not required to do so.

-- Agree that it should be the rep to the EC Admin.

-- I think you need the rationale for SOME types of Rejection Action Petition Notices.

-- The rationale of the rejection but not the rationale for other steps along the way in coming to that decision.

-- Unlikely that the Council will NOT include a rationale where there is one that clearly explains its decision.



4.2.7 Solicitation of Support from Other Decisional Participants

The GNSO Council shall use Tthe motion template in Section 6.1.2 of this Guideline should be used by the GNSO Council immediately after it accepts the Rejection Action Petition during the Special GNSO Council meetingCall.

-- “Shall” is mandatory; “should” is exhortatory - encouraging but not requiring.



Timeline:

Day 12: GNSO Council leadership determines whether a Rejection Action Petition meets requirements and informs the Petitioner and Council (within 2 days of receipt of the Petition)



4.3.1 Scheduling of GNSO Council Meetings

“Upon receipt of the Board Notification of a Rejection Action, the GNSO Chair will schedule a GNSO Council meeting...” – Should be done under 4.3.2?  (comment from Wolf-Ulrich)  -- resolved; leave it as it is.

-- Add a sentence to indicate that it will be canceled if no notice received.



4.3.2 Receipt and Publication of a Request from another Decisional Participant to Support a Rejection Action Petition

Upon receipt of a request from another Decisional Participant to support a Rejection Action Petition, the GNSO Representative on the EC Administration shall notify the GNSO Council, and have the request posted on the GNSO website/wiki, and inform the Stakeholder Groups and Constituencies via the Stakeholder Group and Constituency mailing listinform the community accordingly.



4.3.3 Solicitation of Community Feedback

During a three (3) day period directly following the receipt of the request to support a Rejection Action Petition, GNSO Stakeholder Groups and Constituencies may submit their feedbackopinion on the merits of the GNSO becoming a Rejection Action Supporting Decisional Participant. Immediately upon the conclusion of this community feedback solicitation period, the GNSO Council leadership will work with GNSO support staff to categorize and summarize any have the comments received, if any, categorized and summarized, and post the summary to the GNSO Council list.



5.2 GNSO Community Feedback

-- Ariel reorganized the language in order to clarify.

-- As long as there’s enough time to get support from another Decisional Participant during that 7 day period.

-- If we say, “if such a consultation occurs” suggests that is a formal meeting.  Does the Council call a meeting?

-- In any case, the Bylaws don’t require the DPs to have formal meetings (i.e. no rule about mechanism for a decision); but the Bylaws DO require the formality of notices that announce the decision reached.

ACTION ITEM: Check the Bylaws to see if a formal meeting is required.
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