RE: [council] GNSO Council meeting Wednesday 8 September at 15:00UTC

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

Wendy,

Here are what I believe are the applicable provisions for your situation.

>From Section 3.8.1.a.ii: "If circumstances will not permit voting using the 
>alternative means available, the Councilor may declare an intention to abstain 
>on those motions that are scheduled to be voted upon during the GNSO Council 
>meeting at which the Councilor expects to be absent. In such an instance, the 
>procedures in Section 4.5-Abstentions will apply."

>From Section 4.5.3 Remedies: "In general, the remedies proceed from simplest 
>in execution to more logistically complex and should, under most 
>circumstances, be evaluated and selected in the order provided."

Section 4.5.3.a Voting Direction: "The first remedy to be considered in 
avoiding the consequences of an abstention is for the Councilor at issue to 
request specific voting instructions in writing from Councilor's appointing 
organization. The Councilor would then be obligated to follow the voting 
instruction provided. This remedy requires that the appointing organization 
establish an affirmative or negative voting position, subject to provisions 
contained in its Charter or Bylaws, on the applicable Council measure/motion.
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."

Section 4.5.3.b Proxy Voting: "The second method to be considered in avoiding 
the consequences of an abstention is the use of proxy voting, where the vote of 
an abstaining Councilor is transferred to another GNSO Councilor.
i. For abstentions declared by Councilors not appointed by the Nominating 
Committee and where voting direction is not a viable remedy, 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. The appointing organization must be able to establish an affirmative or 
negative voting position, subject to provisions contained in its Charter or 
Bylaws, on the applicable measure/motion for which one of its Councilors has 
declared an intention to abstain. The Councilor to whom the vote is transferred 
shall exercise a vote in line with the appointing organization's stated 
position."

>From Section 4.5.3.c Temporary Alternate: "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. The Temporary Alternate must meet all 
>criteria (e.g. Term Limits) for GNSO Council membership.
i. 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.
ii. 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 (see 4.5.4-b). 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, as described 
in 4.5.3-b, except when the Temporary Alternate is named as a result of 
provisions contained in Section 3.8-Absences and Vacancies.
iii. 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.
iv. Only one Temporary Alternate may be named to act for a GNSO Councilor at a 
time.
v. 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."

Hope this helps.

Chuck

> -----Original Message-----
> From: owner-council@xxxxxxxxxxxxxx [mailto:owner-
> council@xxxxxxxxxxxxxx] On Behalf Of Gomes, Chuck
> Sent: Wednesday, August 11, 2010 4:52 PM
> To: Wendy Seltzer; Glen de Saint Géry
> Cc: Council GNSO
> Subject: RE: [council] GNSO Council meeting Wednesday 8 September at
> 15:00UTC
> 
> 
> Wendy,
> 
> Ken Bour is working on some tools to help Councilors navigate the new
> procedures that should be available no later than early next week.  In
> the meantime, please refer to version 2 of the GNSO Operating
> Procedures; a link is provided at
> http://gnso.icann.org/council/docs.html .  Specifically refer to
> Sections 3.8 and 4.5.
> 
> Chuck
> 
> > -----Original Message-----
> > From: owner-council@xxxxxxxxxxxxxx [mailto:owner-
> > council@xxxxxxxxxxxxxx] On Behalf Of Wendy Seltzer
> > Sent: Tuesday, August 10, 2010 10:04 AM
> > To: Glen de Saint Géry
> > Cc: Council GNSO
> > Subject: Re: [council] GNSO Council meeting Wednesday 8 September at
> > 15:00UTC
> >
> >
> > My apologies in advance, I will be unable to join this meeting.
> >
> > If absentee voting is permitted, I vote for Mike Rodenbaugh's motion
> > supporting commencement of work on WHOIS Study 1.
> >
> > Thanks,
> > --Wendy
> >
> > On 08/10/2010 09:20 AM, Glen de Saint Géry wrote:
> > >
> > > Dear Councillors,
> > >
> > > Just a reminder that it was agreed to change the GNSO Council
> meeting
> > date in September to Wednesday, 8 September 2010 at 15:00 UTC.
> > >
> > > Please see the calendar page:
> > > http://gnso.icann.org/calendar/#sep
> > >
> > > Thank you.
> > > Kind regards,
> > >
> > > Glen
> > >
> > >
> > > Glen de Saint Géry
> > > GNSO Secretariat
> > > gnso.secretariat@xxxxxxxxxxxxxx
> > > http://gnso.icann.org
> > >
> > >
> > >
> > >
> >
> >
> > --
> > Wendy Seltzer -- wendy@xxxxxxxxxxx
> > phone: +1.914.374.0613
> > Fellow, Silicon Flatirons Center at University of Colorado Law School
> > Fellow, Berkman Center for Internet & Society at Harvard University
> > http://cyber.law.harvard.edu/seltzer.html
> > http://www.chillingeffects.org/
> > https://www.torproject.org/