GNSO Council Teleconference Minutes

Last Updated: 31 August 2009
Date: 
9 July 2009
GNSO Council Special Meeting Minutes 9 July 2009

Proposed agenda and documents

List of attendees:
Philip Sheppard - Commercial & Business Users C - absent, apologies
Mike Rodenbaugh - Commercial & Business Users C - absent, apologies
Zahid Jamil - Commercial & Business Users C -absent.
Greg Ruth - ISCPC - absent
Antonio Harris - ISCPC - absent, apologies
Tony Holmes - ISCPC - absent, apologies
Stéphane van Gelder - Registrars - absent, apologies
Tim Ruiz - Registrars
Adrian Kinderis - Registrars
Chuck Gomes - gTLD registries
Edmon Chung - gTLD registries
Jordi Iparraguirre - gTLD registries
Kristina Rosette - Intellectual Property Interests C
Ute Decker - Intellectual Property Interests C - absent, apologies
Cyril Chua - Intellectual Property Interests C
Mary Wong - NCUC - absent, apologies
William Drake - NCUC
Carlos Souza - NCUC (joined after roll call)
Olga Cavalli- Nominating Committee appointee
Terry Davis - Nominating Committee appointee - absent, apologies
Avri Doria - Nominating Committee appointee

11 Council Members
( 16 Votes - quorum)

ICANN Staff

Robert Hoggarth - Senior Policy Director
Marika Konings - Policy Director
Glen de Saint G�ry - GNSO Secretariat

GNSO Council Liaisons/Observers
Alan Greenberg - ALAC Liaison
Mr Han Chun Lee - ccNSO observer - absent apologies

Rita Rodin - ICANN Board member - absent - apologies
Bruce Tonkin - ICANN Board member - absent apologies

MP3 Recording

Roll Call.

Item 1: Update any Statements of Interest

Avri Doria submitted an updated Statement of Interest

Item 2:
Review/amend the agenda

Agenda accepted

Item 3: By-Law Changes

3.1 Update on status and options

Rob Hoggarth explained that the version of the By-Laws before Council was the result of discussions during the GNSO work sessions in Sydney on Saturday 20 and Sunday 21 June 2009. In order to meet the deadlines for the new GNSO Council to be seated in Seoul in October 2009, the Structural Improvements Committee (SIC) committed to working in the month of July and making a recommendation to the board by July 30 on the By-Law amendments and additional items including the stakeholder group charters.

A 30-day public comment period, currently open, prior to the 30 July Board meeting, is a By-Law provision for By-law amendments. The public comment forum incorporates three documents:

- By-Laws clean version
http://www.icann.org/en/general/proposed-gnso-council-bylaws-amendment-clean-30jun09-en.pdf

- By-Laws Comparison version
http://www.icann.org/en/general/proposed-gnso-council-bylaws-amendment-redline-30jun09-en.pdf

- Staff recommended amendments
http://gnso.icann.org/en/improvements/draft-staff-recommendations-30jun09-en.pdf

Two additional amendment components have been added, namely in the Contract Party House, Stakeholder Groups will be the structural entity as opposed to constituencies and for a transition period, the Non-Commercial Stakeholder Group’s six seats will consist of three representatives from the Non Commercial Users Constituency (NCUC) and an additional three seats filled by the Board through a still to be determined process.

To date, there is only one comment to the public comment forum on the By-laws:from Philip Sheppard

During the discussion one item was pointed out that related to clause X.1.7.b:

"b. Members entitled to cast a majority of the total number of votes of GNSO Council members then in office shall constitute a quorum for the transaction of business, and acts by a majority vote of the GNSO Council members present at any meeting at which there is a quorum shall be acts of the GNSO Council, unless otherwise provided herein.
(See Section 3 (link TBD) of this Article concerning the number of votes that GNSO Council members may cast.) "

One person was of the view that there could be a simple amendment to include the necessity of having a majority of both houses. Another view was that the clause should be dropped and included in the GNSO Rules and Procedures document as one of the GNSO improvement work teams was already working on appropriate language. No amendment was offered, and the issue was left open for the SIC, the Board or Legal Counsel's disposition.

Avri Doria, seconded by Chuck Gomes, proposed the motion on the By-Law Changes.

Whereas

On 28 August 2008 the ICANN Board of Directors approved the BGC plan to restructuring of the GNSO; and
http://www.icann.org/en/minutes/minutes-28aug08.htm

On 27 March 2009 the ICANN Policy Staff introduced a draft of proposed by-law changes related to the restructuring of the

GNSO; and
http://gnso.icann.org/drafts/icann-bylaws-changes-re-gnso-27mar09.pdf

Subsequent to receiving the changes suggested by the ICANN Policy Staff, the GNSO Council decided to create a Committee of

the Whole to work on a proposed set of changes to the By-laws which committee was open to council members as well as

substitutes from the constituencies and to representatives of applicant constituencies; and

On 8 June 2009 the Structural Improvements Committee of the Board Directors gave a set of clarification to questions posed

by the GNSO Committee of the Whole; and
http://gnso.icann.org/meetings/transcript-restructure-08jun09.pdf

On 12 June 2009, the ICANN legal counsel gave a set of recommend edits to the GNSO Committee of the whole.
http://gnso.icann.org/drafts/by-laws-legal-12jun09.pdf

Resolved

The GNSO recommends to the ICANN Board of Directors that the By-Laws related to the GNSO Council be amended to read as documented in:
http://www.icann.org/en/general/proposed-gnso-council-bylaws-amendment-clean-30jun09-en.pdf

The Motion passed.

12 Votes in favour:
Adrian Kinderis, Tim Ruiz (Registrar constituency), Jordi Iparraguirre, Edmon Chung, Chuck Gomes (gTLD Registries constituency) (two votes each)
Avri Doria, Olga Cavalli (Nominating Committee Appointees)(one vote each)

3 Abstentions: William Drake, Carlos Souza (Non-Commercial Users Constituency), Kristina Rosette (Intellectual Property Constituency).

1 Vote against: Cyril Chua (Intellectual Property Constituency).

Cyril Chua asked for his original vote, which was an abstention, to be changed to a vote against, when the vote had already been recorded. There were no objections and the vote was changed from 'abstention' to a 'vote against' the motion.

Absent Council members: Philip Sheppard, Mike Rodenbaugh, Zahid Jamil (Commercial and Business Users Constituency), Ute Decker (Intellectual Property Constituency), Tony Holmes, Tony Harris, Greg Ruth (Internet Service and Connectivity Providers Constituency), Mary Wong (Non-Commercial Users Constituency), Terry Davis (Nominating Committee Appointees), Stéphane van Gelder (Registrar constituency).

Kristina Rosette: Reason for abstention:

It is inappropriate for there to be a vote on the by-laws until we have a resolution of the allocation of Board seats 13 and 14 as well as the absence of language pertaining to the temporary transitional allocation of the six seats in the Non Commercial Stakeholder Group (NCSG).

Bill Drake: Reason for abstention:

I abstain because the document is not done and we are waiting for clarification of some closely linked issues that will affect our participation in the new GNSO

Carlos Souza: Reason for abstaining:

I understand that the wording regarding the NCSG seats have been changed and we do not have the blank space at the end of the clause as it was presented in Sydney. However, there are some issues that require further input and the document as today is still incomplete on that regard.

Council supported the GNSO Council chair's proposal to send the results of the vote on the By-Law changes to the ICANN Board as is the custom, as well as to the public comment forum which is open until 29 July 2009.

Robert Hoggarth encouraged Council members to remind their constituencies to submit comment to the Public Comment Forum on the revised GNSO Stakeholder Group Charters that is open through the 21st of July 2009.

Robert Hoggarth went on to note that the staff has been asked by the SIC to provide more specificity with respect to the By-Law principals of transparency, openness, representativeness and fairness in the various stakeholder groups which will be posted as part of the comment forum for the community's benefit. The appropriate work teams within the Operation Steering Committees purview will also be alerted to the staff input.

The Registry constituency is in the process of revising their proposed charter to accommodate the SIC recommendations, and the target date is 22 July 2009. Staff communicated that the public comment forum could probably be extended to receive the revised charter input.

In response to a staff plea for public comments on the proposed SG charters, Bill Drake drew attention to NCUC members' strong disagreement with the SIC/staff version of the NCSG charter. He noted that there had already been a public comment period in which dozens of organizations supported the inclusive charter model proposed by NCUC and rejected an alternative constituency-centric model. Nevertheless, the SIC/staff version disregards these comments and NCUC's work in favor of a constituency-centric model. Since NCUC's members and external supporters have already rejected the SIC/staff approach, he questioned whether it is really necessary and practical to go back to all these parties and ask them to re-state their positions when the forthcoming staff synthesis could simply refer back to their prior statements.

Avri Doria adjourned the GNSO Council meeting and thanked everyone for their participation.

The meeting ended at 21:45 UTC.

Next GNSO Council teleconference will on 23 July 2009 at 16:00 UTC.
see: Calendar