[council] Public Comment:GNSO Structures Charter Amendment Process

[Glen de Saint Géry <Glen@xxxxxxxxx>]

http://www.icann.org/en/news/public-comment/structures-charter-22jun13-en.htm
GNSO Structures Charter Amendment Process
Comment / Reply Periods (*)
Comment Open Date: 22 June 2013
Comment Close Date: 28 August 2013 - 23:59 UTC
Reply Open Date: 29 August 2013
Reply Close Date: 18 September 2013 - 23:59 UTC
Important Information Links
Public Comment 
Announcement<http://www.icann.org/en/news/announcements/announcement-2-22jun13-en.htm>
To Submit Your Comments 
(Forum)<mailto:comments-structures-charter-22jun13@xxxxxxxxx>
View Comments 
Submitted<http://forum.icann.org/lists/comments-structures-charter-22jun13/>
Brief Overview
Originating Organization:
ICANN Board: Structural Improvements Committee (SIC)
Categories/Tags:

 *   Reviews/Improvements
Purpose (Brief):

To solicit community feedback concerning a formalized process, proposed by the 
Board's Structural Improvements Committee (SIC), for amending GNSO Stakeholder 
Group and Constituency Charters.
Current Status:

After multiple iterations and thorough discussion by its members over several 
months, the SIC has approved a recommendation that a proposed GNSO Charter 
Amendment Procedure (described below) be posted for public comment.
Next Steps:

Upon receipt and review of community feedback pursuant to this solicitation, 
the SIC will determine if any substantive changes to the proposed procedure are 
advisable and will subsequently consider requesting ICANN Board approval of the 
process.
Staff Contact:
Robert Hoggarth
Email Staff 
Contact<mailto:policy-staff@xxxxxxxxx?subject=More%20information%20on%20the%20GNSO%20Structures%20Charter%20Amendment%20Process%20public%20comment%20period>
Detailed Information
Section I: Description, Explanation, and Purpose:

The ICANN Bylaws (Article X, Section 5.3) state, "Each [GNSO] Stakeholder Group 
... and each of its associated Constituencies shall maintain recognition with 
the ICANN Board."  During this time of significant organizational changes 
within ICANN and its GNSO community, it is important that Stakeholder Groups 
and Constituencies have the flexibility to update, modify and evolve their 
charters so that those governing documents remain accurate and viable. There is 
currently no formalized procedure for a GNSO Stakeholder Group or Constituency 
to request recognition by the ICANN Board of Directors for a charter amendment. 
To address this procedural gap, the Board's Structural Improvements Committee 
(SIC) has formulated a process (below) that is intended to accommodate the 
periodic need to amend charter documents with the ICANN Bylaws requirement for 
formal validation by the Board.

GNSO Structures Charter Amendment Process - As Proposed
Phase I: Amendment Preparation

GNSO Stakeholder Groups (SGs) and Constituencies should formulate charter 
amendments through their own internal processes and notify 
policy-staff@xxxxxxxxx<mailto:policy-staff@xxxxxxxxx> upon initiation of such 
efforts. [Note: If the SG Charter requires it, proposed amendment(s) to 
Constituency Charters must first be submitted to the applicable SG for review 
and evaluation before being forwarded to Staff and Board.]

Phase II: Staff Review

Upon receipt of the proposed amendment(s), ICANN Staff will analyze the 
proposal and, within 10 business days, submit the community proposal with a 
report to the Board identifying any fiscal or liability concerns.

Phase III: Public Comments

After Board review of the Staff report and the proposed charter amendments, the 
Board will direct the opening of a Public Comment Forum. Upon its completion, 
within 30 calendar days, Staff will provide a report summarizing the community 
feedback.

Phase IV: Board Review

At the next available opportunity after the publication of the Staff report the 
Board shall either:

 1.  Recognize the proposed charter amendment by a simple majority vote; or
 2.  Reject the proposed amendment by a supermajority (2/3) vote and provide a 
specific rationale for its concerns.

In its review of the proposed amendments, the ICANN Board may ask questions and 
otherwise consult with the affected SG or Constituency. If it is not feasible 
for the Board to take action on the proposed amendments after two meetings, the 
Board shall report to the affected SG or Constituency the circumstance(s) that 
prevented it from making a final action and its best estimate of the time 
required to reach an action.
Section II: Background:

In July 2009, as part of the comprehensive GNSO Improvements program, the ICANN 
Board approved the formal Charters of four new GNSO Stakeholder Groups (SGs) 
(see ICANN Board Resolution 2009.30.07.09). A Constituency Charter 
reconfirmation effort was initiated by a Board resolution at its 1 October 2008 
meeting and discontinued in 2009 in favor of a new regular review cycle.

During the intervening three years or so, there had been no additional formal 
charter activity until May 2012 at which time the Registry Stakeholder Group 
(RySG) submitted a set of changes to its charter. After discussing the 
substance of the RySG's amendments, the Structural Improvements Committee (SIC) 
determined that a process should exist that would cause charter amendments to 
be formally reviewed not only by the Board, but the ICANN community as well 
before being finalized.

The SIC has now asked the staff to seek community review and comment on the 
proposed process outlined above.
Section III: Document and Resource Links:

None
Section IV: Additional Information:

 *   SIC Meeting Minutes - 6 April 
2013<http://www.icann.org/en/groups/board/documents/minutes-bsic-06apr13-en.htm>
 *   SIC Meeting Minutes - 28 March 
2013<http://www.icann.org/en/groups/board/documents/minutes-bsic-28mar13-en.htm>
 *   SIC Meeting Minutes - 31 January 
2013<http://www.icann.org/en/groups/board/documents/minutes-bsic-31jan13-en.htm>

________________________________

(*) Comments submitted after the posted Close Date/Time are not guaranteed to 
be considered in any final summary, analysis, reporting, or decision-making 
that takes place once this period lapses.


Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx<mailto:gnso.secretariat@xxxxxxxxxxxxxx>
http://gnso.icann.org<http://gnso.icann.org/>