Re: [council] Draft Motion - GNSO Representative on the Empowered Community
- To: "James M. Bladel" <jbladel@xxxxxxxxxxx>, "GNSO Council List" <council@xxxxxxxxxxxxxx>
- Subject: Re: [council] Draft Motion - GNSO Representative on the Empowered Community
- From: "WUKnoben" <wolf-ulrich.knoben@xxxxxxxxxxx>
- Date: Wed, 21 Sep 2016 21:45:00 +0200
- Cc: "Steve DelBianco" <sdelbianco@xxxxxxxxxxxxx>
- Importance: Normal
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- Reply-to: "WUKnoben" <wolf-ulrich.knoben@xxxxxxxxxxx>
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Thanks James for the draft which content I support.
However, I wonder whether under Res. 3 of the draft motion the term “...the
GNSO is expected to finalize its decision on the appointment ...” may be too
weak with respect to a potential extension of the interim status. A more
concrete time (e.g.like “Within three months after the completion of the work
of the GNSO Rights & Obligations under Revised ICANN Bylaws Drafting Team and
adoption of its recommendations by the GNSO Council, the GNSO is expected to
finalize its decision on the appointment...”) could prohibit misunderstandings.
I’d appreciate you accepting it (or a similar deadline) as a friendly amendment.
From: James M. Bladel
Sent: Monday, September 19, 2016 10:23 PM
To: GNSO Council List
Cc: Steve DelBianco
Subject: [council] Draft Motion - GNSO Representative on the Empowered Community
Council Colleagues -
Below and attached, please find a draft motion for appointing a GNSO
Representative to the Empowered Community.
As you are no doubt aware, the current Bylaws Drafting Team (led by Steve
DelBianco) is examining the nature of the GNSO’s participation in the new
Empowered Community, and we anticipate their recommendations very soon.
However, as a “Decisional Participant,” the GNSO must identify its
representative and communicate this to ICANN’s Secretary before the transition
(30 SEP 2016). So we are up against a very tight deadline.
As currently written, the bylaws call for the Chair of each decisional SO/AC,
or another designee, to serve in this role. The text of this motion
acknowledges this, but notes that this would be an “interim” appointment,
pending any changes resulting from the work of the Bylaws Drafting Team.
I hope that all made sense, and look forward to discussing during our next
call (29 SEP).
Motion on the interim appointment of the GNSO Representative on the Empowered
As stated in Section 1.1(a) of Article 6 of the new ICANN Bylaws, concerning
the composition and organization of the Empowered Community (EC), “The
Empowered Community (“EC”) shall be a nonprofit association formed under the
laws of the State of California consisting of the ASO, the ccNSO, the GNSO, the
ALAC and the GAC (each a “Decisional Participant” or “associate,” and
collectively, the “Decisional Participants”).”
The sole purpose of the EC is to exercise its rights and perform its
obligations under ICANN’s Articles of Incorporation and the ICANN Bylaws, and
the EC shall have no other powers or rights except as expressly provided in the
ICANN Bylaws. The EC may only act as provided in these Bylaws. Any act of the
EC that is not in accordance with these Bylaws shall not be effective.
As outlined in section 6.3 of the new ICANN Bylaws, the GNSO, as a Decisional
Participant, shall act through its respective chair or such other person as may
be designated by the GNSO (collectively, such persons from all communities are
the “EC Administration”). Each Decisional Participant shall deliver annually a
written certification from its chair or co-chairs to the ICANN Secretary
designating the individual who shall represent the Decisional Participant on
the EC Administration.
The GNSO created a Drafting Team (DT) on 30 June 2016 to identify the GNSO’s
new rights and obligations, and work with ICANN staff to prepare an
implementation plan to address any needed changes by 30 September (see
http://gnso.icann.org/en/council/resolutions - 201606).
1. The GNSO Council hereby confirms that the GNSO Chair (currently James
Bladel) will represent the GNSO as the Decisional Participant on the Empowered
Community Administration on an interim basis.
2. The GNSO representative shall act solely as directed by the GNSO Council in
accordance with the ICANN Bylaws and other related GNSO Operating Procedures.
3. Following the completion of the work of the GNSO Rights & Obligations under
Revised ICANN Bylaws Drafting Team and adoption of its recommendations by the
GNSO Council, the GNSO is expected to finalize its decision on the appointment
of the person designated to represent the GNSO as the Decisional Participant on
the Empowered Community Administration and will communicate this accordingly to
the ICANN Secretary.
4. The GNSO Council requests the GNSO Secretariat to communicate this decision
to the ICANN Secretary which will serve as the required written certification
from the GNSO Chair designating the individual who shall represent the
Decisional Participant on the EC Administration.