Re: [council] Motion to Approve Plan for Bicameral Council Seat Transition
Thanks for doing this Chuck. I have requested input or comments from the RrC in order to be able to make any comments in as timely a manner as possible. Stéphane Le 16/09/09 00:00, « Gomes, Chuck » <cgomes@xxxxxxxxxxxx> a écrit : > I would like to make the motion copied below and attached for Council > consideration in our meeting on 24 September 2009. Note that it is also > posted on the Council wiki at > https://st.icann.org/gnso-council/index.cgi?24_sept_motions. > > Please note the following: > * To deal with concerns about the short time constraints and inability for > constituencies to get appropriate input from their members, please note that > the motion only approves the plan as a draft that will be distributed for > public comment; the final plan as possibly modified by any input during the > public comment period or further Council discussion would be voted on on 28 > October in Seoul. > * A very brief (7-day) public comment period is proposed for the draft > Council Operating Procedures that will be distributed not later than > tomorrow. The reason for the short comment period is that our next Council > meeting is scheduled for 8 October with just a two-week interval in between > meetings and we will need time in the second week to finalize the assignment > of NCAs to Council seats. > * I used the comments received from Olga, Alan, Kristina, Stephan and Mike to > develop a plan for assigning the NCAs to seats. I think I accommodated > suggestions from each of them in the proposed approach. > Please distribute this motion to your constituencies and stakeholder groups > ASAP for their review and input before our meeting on 24 September. Proposed > amendments are welcome. > > Thanks, Chuck > > Motion to Approve Plan for Bicameral Council Seat Transition > > 15 September 2009 > > Whereas: > * On 27 August 2009 the ICANN Board approved Bylaws Amendments Related to GNSO > Restructuring (http://www.icann.org/en/general/bylaws-amendments-27aug09.pdf > <http://www.icann.org/en/general/bylaws-amendments-27aug09.pdf> ) in support > of the transition to a new GNSO Council to be seated during the ICANN > meetings in Seoul in October 2009. > · Article XX (Transition Article), Section 5, item 5.e of the Bylaws > Amendments reads, ³The three seats currently selected by the Nominating > Committee shall be assigned by the Nominating Committee as follows: one voting > member to the Contracted Party House, one voting member to the Non-Contracted > Party House, and one non-voting member assigned to the GNSO Council at large.² > > · The Bylaws Amendments were approved too late in the 2009 Nominating > Committee process to allow the three Nominating Committee seats to be assigned > by the Nominating Committee. > > · Article XX (Transition Article), Section 5, item 6 of the Bylaws > Amendments reads, ³The GNSO Council, as part of its Restructure Implementation > Plan, will document: (a) how vacancies, if any, will be handled during the > transition period; (b) for each Stakeholder Group, how each assigned Council > seat to take effect at the 2009 ICANN annual meeting will be filled, whether > through a continuation of an existing term or a new election or appointment; > (c) how it plans to address staggered terms such that the new GNSO Council > preserves as much continuity as reasonably possible; (d) the effect of Bylaws > term limits on each Council member.² > > · Article XX (Transition Article), Section 5, item 11 of the Bylaws > Amendments reads, ³As soon as practical after the commencement of the ICANN > meeting in October 2009, or another date the Board may designate by > resolution, the GNSO Council shall, in accordance with Article X, Section 3(7) > and its GNSO Operating Procedures, elect officers and give the ICANN Secretary > written notice of its selections.² > * The GNSO Council desires to: i) Maximize continuity in the transition from > the old to the new Council; ii) minimize the complexity for Stakeholder > Groups in selecting Councilors; and iii) respect the rights of GNSO > Stakeholder Groups to elect their Council representatives in ways that best > meet their needs while complying with the ICANN Bylaws. > * The GNSO Council Operations work team prepared draft GNSO Council Operating > Procedures and the Operations Steering Committee forwarded those for Council > consideration on 16 September 2009. > > > The GNSO Council approves the following plan: > > 1. Not later than 30 September 2009 if possible, all Councilors who will > be seated in the 28 October public GNSO Council meeting should be selected and > the GNSO Secretariat provided with their contact information. > 2. Each Stakeholder Group may determine the term dates for its respective > Councilors provided those dates are compliant with the ICANN Bylaws and their > respective charters; any terms that are changed from the previously defined > dates strictly for the purpose of seating the bicameral Council shall not be > considered partial terms with regard to complying with Bylaws term limit > requirements. > 3. Each House will elect a vice chair for the new bicameral Council not > later than Tuesday, 27 October 2009. (Ideally, this should happen during the > weekend working sessions on 24-25 October 2009.) > 4. The new bicameral Council will be seated in the public GNSO Council > meeting on 28 October 2009. > 5. Avri Doria, current GNSO Council chair, will serve as chair of the > bicameral Council meeting on 28 October until such time as a new chair is > elected, at which time the new chair will assume the chair responsibilities. > If an absentee ballot is required to complete the chair¹s election, this will > be a 24 hour ballot scheduled to end on 29 October. If no chair has been > elected by the end of the Annual meeting on 30 October, the vice-chairs will > assume the chair responsibilities as defined in the Bylaws > 6. Not later than 24 September 2009, the existing GNSO Council will > approve a draft of the GNSO Council Operating Procedures (previously called > the Rules of Procedure of the GNSO Council) and submit them for a 7-day public > comment period starting not later than 24 September 2009; such draft will > include a revision of those areas of the existing Rules necessary for seating > the bicameral Council. > 7. As much in advance of the meeting as possible, the agenda for the 28 > October 2009 Council meeting will be prepared by the existing Council under > the leadership of Avri Doria as chair and shall include but not be limited to > the following two action items: 1) Approval of the Council Operations > Procedures necessary for seating the bicameral Council; 2) Election of chair. > 8. The Council requests that the Nominating Committee be tasked with > assigning all three Nominating Committee Appointees (NCAs) to Council seats > beginning after the 2010 ICANN Annual Meeting. For the period starting on 28 > October 2009 and continuing only through the 2010 ICANN Annual Meeting, the > following procedure will be used to assign NCAs to Council seats: > a. ICANN Staff should ensure that a Statement of Interest is received > from Andrey Kolesnikov and sent to the Council not later than 30 September > 2009. > b. Not later than 30 September 2009, new and existing NCAs will make best > efforts to collaborate and provide their input to the GNSO Council regarding > their recommendations for assigning Council seats. Such input should include > any seating assignments that any of the NCAs would individually be > uncomfortable taking along with their reasons. > c. Taking into consideration the input from the NCAs, if any, both GNSO > Council Houses and/or their respective Stakeholder Groups should attempt to > reach agreement on the seating for each of the three NCAs for the first year > of the new bicameral Council and communicate the results to the Council not > later than 7 October 2009. > d. If the GNSO Council Houses and/or their respective Stakeholder Groups > are unable to reach agreement, then the new, inexperienced NCA will take the > non-voting Council seat and random selection will be used to assign the other > two NCAs to Houses before the Council meeting on 8 October 2009. > e. In the meeting scheduled for 8 October 2009, the Council will > acknowledge the results of this process and confirm that it was properly > conducted. > 9. The Council requests ICANN Staff support to fulfill this plan, > including but not limited to scheduling and arranging for any needed > teleconference calls. > Attachment:
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