GNSO Voting Remedies Due to Abstentions, Absences, and Vacancies

Last Updated: 21 October 2010

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Sample Email Contents:

To: GNSO Secretariat (gnso.secretariat@gnso.icann.org)
Cc: [SG or Constituency Officer]

I was unable to attend the Council meeting scheduled for [insert date] due to the following unplanned circumstances: [insert explanation(s)]

I understand that my votes will be recorded as "Absent" except for any motions that qualify for absentee balloting.

[Insert the following only if applicable:]
Absentee voting applies to the following motion(s) on which I am registering my vote(s):
[insert motion(s) that qualify for absentee balloting along with vote(s)]

Sincerely,

Name

[X]

Four Applicable Categories:
  1. Initiate a Policy Development Process (PDP);
  2. Approve a PDP recommendation;
  3. Recommend amendments to the GNSO Operating Procedures (GOP) or ICANN Bylaws; and
  4. Fill a Council position open for election.
  5. [X]

Leave of Absence:
Planned: Councilor will miss 2 or more
consecutive meetings

Unplanned: Councilor misses 2 consecutive
meetings without prior notification.

Vacancy:
Permanent vacation of seat due to resignation or other event.

[X]

Sample E-Mail Contents:

To: GNSO Secretariat (gnso.secretariat@gnso.icann.org)
Cc: [Insert name of Council NCA]
Cc: Nominating Committee Chair [insert name]

[For Vacancy, use the following:]
As a consequence of [insert reason(s)], my position on the GNSO Council will be vacated effective on [insert date].
[Skip to (#)]

[For Leave of Absence, use the following:]
According to the GNSO Operating Procedures (Section 3.8-Absences and Vacancies), I will be unable to attend at least two consecutive GNSO Council meetings; as such, I am requesting a Leave of Absence to take effect on [insert date] and terminate on [insert date].

The reason(s) for my extended absence is(are):  [insert explanation(s)].

It is my intention to abstain on all GNSO Council motions that will be voted on during the period of my leave.

(#) According to the GNSO Operating Procedures (Sections 3.8 and 4.5), pursuant to this notification (*), the Council NCA [insert name] automatically becomes a Temporary Alternate and assumes my normal GNSO Council duties including voting upon any/all motions.

Sincerely,

Name

(*) A formal GNSO Council Abstention Notification Form is not required in this instance.

[X]

Sample E-Mail Contents:

To: [Insert SG or Constituency Officer]
Cc: GNSO Secretariat (gnso.secretariat@gnso.icann.org)

[For Vacancy, use the following:]
As a consequence of [insert reason(s)], my position on the GNSO Council will be vacated effective on [insert date]. Unless otherwise remedied by my [SG or Constituency], all votes after that date shall be registered as abstentions.
[Skip to (#)]

[For Leave of Absence, use the following:]
According to the GNSO Operating Procedures (Section 3.8-Absences and Vacancies), I will be unable to attend at least two consecutive GNSO Council meetings; as such, I am requesting a Leave of Absence to take effect on [insert date] and terminate on [insert date].

The reason(s) for my extended absence is(are):  [insert explanation(s)].

It is my intention to abstain on all GNSO Council motions that will be voted on during the period of my leave.

(#) At its option, if the [insert SG or Constituency] prefers that votes be registered in lieu of abstention(s), it may appoint a Temporary Alternate as prescribed in the GNSO Operating Procedures (Section 4.5) by submitting an "Abstention Notification Form" online at: http://gnso.icann.org/council/abstention-notification-form-en.htm.

Sincerely,

Name

[X]

Sample E-Mail Contents:

To: GNSO Secretariat (gnso.secretariat@gnso.icann.org)
Cc: [Insert name of Council NCA]

I will be unable to attend the GNSO Council meeting scheduled for [insert date].
The reason(s) for my absence is(are):  [insert explanation(s)].

According to the GNSO Operating Procedures on absentee balloting (Section 4.4), I will be permitted to exercise a vote for the following motion(s):

[insert motion(s) or N/A]

It is my intention to abstain on the following motion(s) for which absentee balloting is(are) not allowed:

[insert motion(s)]

According to the GNSO Operating Procedures (Section 4.5), pursuant to this notification (*), a proxy is automatically transferred to the Council NCA [insert name] who has been notified of this action and is prepared to register a vote in my absence for each of the motions listed above. For any Council motions not explicitly listed above, I understand that my vote will be recorded as "Absent."

Sincerely,

Name

(*) A formal GNSO Council Abstention Notification Form is not required in this instance.

[X]

Sample E-Mail Contents:

To: [Insert SG or Constituency Officer]
Cc: GNSO Secretariat (gnso.secretariat@gnso.icann.org)

I will be unable to attend the GNSO Council meeting scheduled for [insert date].

The reason(s) for my absence is(are):  [insert explanation(s)].

According to the GNSO Operating Procedures on absentee balloting (Section 4.4), I will be permitted to exercise a vote for the following motion(s):

[insert motion(s) or N/A]

As a result of my absence, it is my intention to abstain on the following motion(s) for which absentee balloting is(are) not allowed:

[insert motion(s)]

At its option, if the [insert SG or Constituency] prefers that a vote(s) be registered in lieu of the abstention(s), it may wish to invoke a Proxy or Temporary Alternate remedy as described in the GNSO Operating Procedures (Section 4.5) by submitting an "Abstention Notification Form" online at: http://gnso.icann.org/council/abstention-notification-form-en.htm.

For each motion that is acted upon by the Council on the date of my absence, if a remedy is not explicitly exercised, I understand that my vote will be recorded as "Absent."

Sincerely,

Name

[X]

Note: The Council NCA may exercise his/her best judgment, including abstaining, on the matter at issue.
[X]

Abstention: A decision made by a Councilor not to vote either "Yes" or "No" on a particular motion before the Council. Circumstances leading to a potential voting abstention can arise when a Council member perceives a set of conditions, relative to some action or motion before the Council that warrants his/her recusal from participating and/or voting.
[X]

Sample E-Mail Contents:

To: [Insert SG or Constituency Officer]
Cc: GNSO Secretariat (gnso.secretariat@gnso.icann.org)

It is my intention to abstain from voting on the following motion(s) at the GNSO Council meeting scheduled for [insert date].

[insert motion(s)]

The reason(s) for my abstention is(are):  [insert explanation(s)].  {Note: if confidential, please explain}

At its option, if the SG or Constituency prefers that a vote(s) be registered in lieu of the abstention(s), it may invoke one or more voting remedies described in the GNSO Operating Procedures (Section 4.5) by submitting an "Abstention Notification Form" online at:
http://gnso.icann.org/council/abstention-notification-form-en.htm.

Sincerely,

Name

[X]

Sample E-Mail Contents:

To: GNSO Secretariat (gnso.secretariat@gnso.icann.org)
Cc: [Insert name of Council NCA]

It is my intention to abstain from voting on the following motion(s) at the GNSO Council meeting scheduled for [insert date].

[insert motion(s)]

The reason(s) for my abstention is(are):  [insert explanation(s)]  {Note: if confidential, please explain}

According to the GNSO Operating Procedures (Section 4.5), pursuant to this notification (*), a proxy is
transferred automatically to the Council NCA [insert name] who has been notified of this action and is prepared to register a vote(s) in lieu of my abstention(s).

Sincerely,

Name

(*) A formal GNSO Council Abstention Notification Form is not required in this instance.

[X]

Rules: The Council NCA may exercise his/her best judgment, including abstaining, on the matter at issue.
[X]

Voting Direction Rules:

This remedy is recommended when receipt of specific voting instruction from the Councilor's appointing organization will obviate the conditions that would otherwise have resulted in an abstention.
[X]

Proxy Rules:

The appointing organization may transfer the vote of the abstaining Councilor to: (1) the House Nominating Committee Appointee (NCA), (2) another of its Constituency Councilors (where applicable), or (3) another Councilor within the Stakeholder Group. A Councilor abstaining on a vote, if present at the meeting, does count in quorum calculations; however, the existence of a proxy does not count towards quorum for any action of the GNSO Council. No GNSO Council member is permitted to exercise more than one proxy vote for any specific action/motion before the Council.

[X]

Temporary Alternate Rules:

In selecting a Temporary Alternate, the appointing organization shall choose, from within its membership ranks, a responsible individual who is not a current voting GNSO Council member, but is otherwise knowledgeable on the matter at issue and qualified to represent the appointing organization's interests.

  1. The GNSO Secretariat will arrange for the named Temporary Alternate to participate in GNSO Council meetings, teleconferences, email list discussions, as appropriate, and will cause such arrangements to be deactivated upon conclusion of the Temporary Alternate's tenure.
  2. The Temporary Alternate is entitled to participate in Council deliberations and voting only upon the specific matter(s) outlined in the communication submitted to the GNSO Secretariat. In all other matters, the regular Councilor is expected to function in Councilor's normal capacity. A Temporary Alternate may not be selected to register a proxy vote except when the Temporary Alternate is named as a result of an absence or vacancy.
  3. The presence of a duly recognized Temporary Alternate at a Council meeting is counted in quorum calculations; however, the regular Councilor, if present, and any Temporary Alternate only contribute a count of one to the meeting quorum.
  4. Only one Temporary Alternate may be named to act for a GNSO Councilor at a time.
  5. If the Temporary Alternate is named for a Council member who is an elected officer of the GNSO Council, the Temporary Alternate does not assume those officer duties and responsibilities; the Council's leadership succession shall take effect as provided elsewhere in these procedures.
  6. [X]

Note: If not already published and available, a short bio and Statement/Disclosure of Interest should be prepared by the Temporary Alternate and delivered to the GNSO Secretariat in advance of any discussion or voting scheduled to take place.
[X]