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[council] Regarding 3 versus 2 reps per constituency

  • To: <council@xxxxxxxxxxxxxx>
  • Subject: [council] Regarding 3 versus 2 reps per constituency
  • From: "Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>
  • Date: Mon, 13 Sep 2004 17:52:01 +1000
  • Sender: owner-council@xxxxxxxxxxxxxx
  • Thread-index: AcSZZo1wkjuF111gQkSGMWqEKUCKQQ==
  • Thread-topic: Regarding 3 versus 2 reps per constituency

Hello All,

Board resolutions:

(1) On 31 Oct 2003:

http://www.icann.org/announcements/advisory-31oct03.htm

Response to GNSO Council Request to Maintain Three Representatives per
Constituency

Whereas, the GNSO Council has requested on 14 August 2003, that the
change to the number of constituency representatives on the GNSO Council
remain unchanged at three (3) representatives per constituency instead
of two (2) representatives per constituency as is scheduled to occur at
the end of this 2003 Annual Meeting.

Whereas, the GNSO Council's predecessor organization DNSO Names Council
requested on 1 August 2002, that the GNSO Council be made up of three
(3) representatives per constituency.

Whereas, Article I, Section 2 (4) sets out as a core value that:
-"Seeking and supporting broad, informed participation reflecting the
functional, geographic, and cultural diversity of the Internet at all
levels of policy development and decision-making." 

Whereas, Article XX, Section 5 (8), in setting out the originally
proposed transition that: "In the absence of further action on the topic
by the New Board, each of the GNSO constituencies shall select two
representatives to the GNSO Council...."

Whereas, the Board wishes to take action in support of the GNSO Council
and in response to the GNSO Council's request.

Resolved [03.164] to change the transition article (Article XX) to allow
three representatives per constituency on the GNSO Council until the end
of the ICANN annual meeting 2004; 

Resolved [03.165] to perform a review of the GNSO Council in or around
July 2004 which should include among other aspects of the review
criteria, an analysis of the efficacy of having three representatives
from each constituency on the GNSO Council.


On 15 Jan 2004:
From: http://www.icann.org/minutes/prelim-report-15jan04.htm

Item 1 -- By-Laws Changes Regarding Number of GNSO Council
Representatives from Each Constituency

After discussion, the Board of Directors, passed the following
resolution unanimously by a 10-0 vote:

Whereas, On 31 October 2003 [link to resolutions], the ICANN Board at
its public meeting in Tunis, Tunisia, discussed and resolved to effect
certain amendments to the ICANN Bylaws as requested by the Generic Names
Supporting Organization ("GNSO"). These amendments will result in the
number of GNSO Council representatives that each official GNSO
Constituency may appoint remain at three (3) appointed by each
Constituency following the 2003 Annual Meeting, until the 2004 Annual
Meeting. Following the 2004 Annual Meeting, the number of GNSO Council
representatives that each GNSO Constituency may appoint shall decrease
to two (2).

Whereas, a notice regarding this proposal was prepared and posted, and
the General Counsel invited comments from the community on the proposal;

Whereas, no comments on the proposal have been received, and the Board
concludes that adoption of the amendments to the bylaws as stated in the
proposal would be in the best interest of ICANN;

Resolved [04.02] that the amendments to Article X, Section 3, and
Article XX, Section 5 of the Bylaws are hereby adopted as proposed.



The actual text of the bylaws now read:
>From http://www.icann.org/legal/proposed-bylaws-corrections-09jan04.htm 

Section 3. GNSO COUNCIL

1. Subject to the provisions of the Transition Article of these Bylaws,
The GNSO Council shall consist of two three representatives selected by
each of the Constituencies described in Section 5 of this Article, and
three persons selected by the ICANN Nominating Committee. Following the
2004 Annual Meeting, absent further action by the ICANN Board, the GNSO
Council shall consist of two representatives selected by each of the
Constituencies. No two representatives selected by a Constituency shall
be citizens of the same country or of countries located in the same
Geographic Region. There may also be two liaisons to the GNSO Council,
one appointed by each of the Governmental Advisory Committee and the
At-Large Advisory Committee from time to time, who shall not be members
of or entitled to vote on the GNSO Council, but otherwise shall be
entitled to participate on equal footing with members of the GNSO
Council. The appointing Advisory Committee shall designate its liaison
(or revoke or change the designation of its liaison) on the GNSO Council
by providing written notice to the Chair of the GNSO Council and to the
ICANN Secretary. The GNSO Council may also have observers as described
in paragraph 9 of this Section.

2. Subject to the provisions of the Transition Article of these Bylaws,
Section 5(8): (a) the regular term of each GNSO Council member shall
begin at the conclusion of an ICANN annual meeting and shall end at the
conclusion of the second ICANN annual meeting thereafter; (b) the
regular term of one representative selected by each Constituency shall
begin in an even-numbered year and the regular term of the other
representative selected by the Constituency shall begin in an
odd-numbered year, provided, however that the regular term of two
representatives selected by the Constituency shall begin following the
2003 Annual Meeting who shall serve until the conclusion of the 2005
Annual Meeting, and the regular term of one representative selected by
the Constituency shall begin following the 2003 Annual Meeting and end
at the conclusion of the 2004 Annual Meeting; and (c) the regular term
of one of the three members selected by the Nominating Committee shall
begin in even-numbered years and the regular term of the other two of
the three members selected by the Nominating Committee shall begin in
odd-numbered years. Each GNSO Council member shall hold office during
his or her regular term and until a successor has been selected and
qualified or until that member resigns or is removed in accordance with
these Bylaws.

[...]

ARTICLE XX: TRANSITION ARTICLE

Section 5. GENERIC NAMES SUPPORTING ORGANIZATION

8. As of and following ICANN's 2003 Annual Meeting, each GNSO
constituency shall select three (3) representatives to serve on the GNSO
Council, and shall provide the ICANN Secretary written notice of its
selections.  One representative selected by each constituency shall
serve for a one-year term, ending as of the end of the 2004 Annual
Meeting, and two representatives selected shall serve for a two-year
term, ending as of the 2005 Annual Meeting.






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