[Gnso-bylaws-dt] FINAL: Guidelines & Motion Template for Section 1.3 Approval Action Community Forum

[Heather Forrest]

Brilliant, Ariel and Julie, thank you!

DT members- if you haven't checked out the fabulous Depository that Julie
and Ariel have built on our wiki, I encourage you to do so! If nothing
else, it should feel good to see in plain evidence that so much has been
accomplished by our small but effective team in a relatively short period
of time.

Speaking of.... a cleaned-up Google doc for 2.2 and 2.3 is soon on its way
to your inbox. Ariel and Julie and I have made edits to capture our
discussion this week, and I have ruthlessly gone through the document again
to identify a few more oddities. Once the resolved messy bits are cleaned
up, Ariel and/or Julie will re-send the link to you to put it at the top of
your inbox. It will then be absolutely crucial that you take some time with
a good, strong cup of tea, coffee, or other fortifying beverage of choice
to read this one as carefully as possible.

Very best wishes to you all for a happy weekend (it's pouring rain here and
4 deg C/39deg F here - not so inspiring, but supposedly spring is coming),

Heather



On Fri, Aug 9, 2019 at 5:00 AM Julie Hedlund <julie.hedlund at icann.org>
wrote:

> Dear all,
>
>
>
> At the meeting on 07 August 2019 the DT discussed the minor comments on
> the final draft of the Guidelines & Motion Template for Section 1.3
> Approval Action Community Forum. Per action item 1 below the DT members
> asked staff to resolve all comments and post the document to the wiki.
> The final version is attached as a PDF and is posted to the wiki at:
> https://community.icann.org/display/GBIDT/Templates+and+Guidelines+Depository
> .
>
>
>
> With best regards,
>
> Julie & Ariel
>
>
>
>
>
> *From: *Gnso-bylaws-dt <gnso-bylaws-dt-bounces at icann.org> on behalf of
> Julie Hedlund <julie.hedlund at icann.org>
> *Date: *Thursday, August 8, 2019 at 2:38 PM
> *To: *"gnso-bylaws-dt at icann.org" <gnso-bylaws-dt at icann.org>
> *Subject: *[Gnso-bylaws-dt] Actions & Notes: GNSO Drafting Team Meeting
> 07 August 21:00 UTC
>
>
>
> 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:
>       1. Staff will make the edits as identified below;
>       2. Heather will review;
>       3. 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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