GNSO Council Special Meeting Minutes 9 July 2009 Proposed agenda and documents List of attendees: 11 Council Members Roll Call. Item 1: Update any Statements of Interest 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 - By-Laws Comparison version - Staff recommended amendments 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 "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. 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 On 27 March 2009 the ICANN Policy Staff introduced a draft of proposed by-law changes related to the restructuring of the GNSO; and 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 On 12 June 2009, the ICANN legal counsel gave a set of recommend edits to the GNSO Committee of the whole. 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: The Motion passed. 12 Votes in favour: 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: Bill Drake: Reason for abstention: Carlos Souza: Reason for abstaining: 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. 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. Next GNSO Council teleconference will on 23 July 2009 at 16:00 UTC. |
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