[council] Chair/Vice Chair Terms

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

In our ongoing saga of applying the new GNSO Operating Procedures (GOP) we have 
identified another missing ingredient:  Neither the Bylaws nor the GOP define 
the exact terms for Council chair and vice chairs.  The Bylaws define the terms 
for Councilors as beginning and ending at the end of the ICANN Annual General 
Meeting, but no such clarification is given for the chair and vice chairs. So 
we have another task for the OSC/GCOT.

In the meantime, we have a decision in front of us as to when we should 
transition to the newly elected chair.  With the lack of detail in the Bylaws 
and GOP, I am assuming that this is a decision that the Council should make for 
Cartagena.  I want to state right up front that I am comfortable with whatever 
is decided and will fully cooperate to make it happen.

Following is some information that may be helpful.

As far as I can tell the only direction that may be even indirectly applicable 
in  the Bylaws from Article X is this:

*       ". . . 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" (paragraph 2)
*       "The GNSO Council shall select the GNSO Chair for a term the GNSO 
Council specifies, but not longer than one year." (paragraph 7)
*       "The procedures for selecting the Chair and any other officers are 
contained in the GNSO Operating Procedures. In the event that the GNSO Council 
has not elected a GNSO Chair by the end of the previous Chair's term, the 
Vice-Chairs will serve as Interim GNSO Co-Chairs until a successful election 
can be held." (paragraph 7)

Assuming that the procedures will be fixed in the next few months, I believe 
our only concern at this time is what we should do in Cartagena.  Focusing on 
the round of voting that is now underway, we have several scenarios that are 
possible (see GOP Section 2.2):
1.      If at least 60% of each house selects 'none of the above', then each 
house initiates a new nomination period and a new election will be held no 
sooner than 30 days after the unsuccessful vote.
2.      If both Olga and Stéphane receive the same total percentage of votes 
from both houses or if one of them a higher total percentage than the other but 
ties with 'none of the above', a second election will be held no sooner than 30 
days with the candidates remaining the same.
3.      If either Olga or Stéphane is elected chair in the first round of 
voting (i.e., receives at least 60% support from each house), we will have 
elected a new chair prior to the Cartagena meeting.
4.      If neither candidate receives 60% support from both houses and one of 
them receives a higher score than the other (score = % of votes in CPH + % of 
votes in the NCPH), a second round of voting will be held between the one with 
the highest score and 'none of the above':
a.      If the remaining candidate receives 60% support from both houses, we 
have a successful election.
b.      If the remaining candidate does not reach the 60% threshold of each 
house, then each house initiates a new nomination period and a new election 
will be held no sooner than 30 days after the unsuccessful vote.

In scenarios 1, 2 and 4.b, we will not know who the new chair is in Cartagena 
and the vice chairs will assume the leadership of the Council until such time 
as we have a new chair.  But note that the new vice chairs cannot take over 
their vice chair roles if they are not yet on the Council because the vice 
chairs have to be Councilors.  It looks very much like this will actually be 
the case for the CPH.

In scenario 3, it would be feasible to transfer the chair position to the new 
chair at whatever point the Council decides.  In scenario 4.a, if the second 
round of voting results in the election of the chair before or in Cartagena, it 
would be possible to transfer the chair position to the new chair at whatever 
point the Council decides after we have a successful election; if not, then we 
will not know who the new chair is in Cartagena.

I think it is best for me to stay on the sidelines on this issue except for 
trying to help from a procedural point of view.  But I would like to ask Olga 
and Stéphane to propose a way forward on this for Council consideration and 
want to strongly encourage them to not worry the least about my feelings.  Like 
I said above, I am comfortable with whatever is decided as long as we have a 
defined plan that complies with the Bylaws and provides a smooth transition.

Olga & Stéphane - Are willing to work together to do this and submit a proposed 
plan to the Council for consideration?

Chuck