To: Acting ICANN Secretary From: Chair, GNSO Council Hello Dan, Just a reminder that as advised on 23 August 2003, the GNSO Council passed a motion at its meeting on 14 August 2003, which requests the Board to make two changes in its review timetable: 1. To change the transition article to allow three representatives per constituency on the GNSO Council until the end of the ICANN annual meeting 2004; 2. To perform a review of the GNSO council in or around June 2004 which should include among other aspects of the review criteria, an analysis of the efficacy of having three representatives from each constituency on the GNSO Council. As requested earlier, please place this on the agenda for the ICANN Board meeting in Carthage, Tunisia. Full details are included below for reference. Regards, Bruce Tonkin The GNSO Council at its meeting on 14 August 2003, passed the following Motion with 21 votes in favour, 1 against, 4 abstentions, 1 absent: Whereas, the Names Council resolution of 1st August 2002 called for "three representatives per Constituency on the GNSO Council". Whereas, ICANN core value 2.4 is: - "Seeking and supporting broad, informed participation reflecting the functional, geographic, and cultural diversity of the Internet at all levels of policy development and decision-making". Whereas, ICANN core value 2.7 is: - "Employing open and transparent policy development mechanisms that (i) promote well-informed decisions based on expert advice, and (ii) ensure that those entities most affected can assist in the policy development process." Whereas, by-law article XX.5.8 states: "In the absence of further action on the topic by the New Board, each of the GNSO constituencies shall select two representatives to the GNSO Council.." "..no later than 1 October 2003." The GNSO council resolves that: Three representatives per Constituency is consistent with ICANN core value 2.4 on geographic and cultural diversity within the constituency as the majority of ICANN regions are represented. . Three representatives per Constituency is consistent with ICANN core value 2.7 on well-informed decision making. Experience has shown that three representatives improves the constituencies ability to share the workload of a council member, to be able to participate in task forces of the council, and to more effectively communicate with multiple regions. And therefore the GNSO Council requests the Board to make two changes in its review timetable: 1. To change the transition article to allow three representatives per constituency on the GNSO Council until the end of the ICANN annual meeting 2004; 2. To perform a review of the GNSO council in or around June 2004 which should include among other aspects of the review criteria, an analysis of the efficacy of having three representatives from each constituency on the GNSO Council. The minutes associated with passing this motion are as follows: - The ICANN nominating committee appointed 3 members to the GNSO Council in June 2003 http://www.icann.org/announcements/announcement-16jun03.htm - the ICANN by-laws require each constituency to appoint 2 representatives to the GNSO to take up office at the conclusion of the ICANN annual meeting in 2003 http://www.icann.org/general/bylaws.htm#X - the ICANN by-laws require a review of the GNSO WITHIN 1 year following the adoption of the ICANN by-laws (15 Dec 2002) http://www.icann.org/general/bylaws.htm#IV * Bruce Tonkin summarized saying that the ICANN bylaws provide for the appointment of two, and no longer three, constituency representatives on the GNSO council after the ICANN general meeting in 2003. The bylaws further require a review of the GNSO to be initiated no later than 15 December 2003 and to be completed in time for Board consideration at ICANN's annual meeting in 2004. Members of the Council requested a change as stated in the motion below. Philip Sheppard, one of the originators of the motion, along with Ken Stubbs, Ellen Shankman and Antonio Harris, stated that the essence of the motion was a change in timetable, which called for the review first and then an examination whether the change from 3 to 2 representatives per constituency was necessary. Philip Sheppard accepted the motion as amended by Jeff Neuman to Council: Proposed language by Marilyn Cade 2. To perform a review of the GNSO council in or around June 2004, WHICH SHOULD INCLUDE AMONG OTHER ASPECTS OF THE REVIEW CRITERIA, A RECOMMENDATION REGARDING NUMBER OF REPRESENTATIVES PER CONSTITUENCY. was amended by Jeff Neuman to read: 2. To perform a review of the GNSO council in or around June 2004 which should include among other aspects of the review criteria, an analysis of the efficacy of having three representatives from each constituency on the GNSO Council. Amadeu Abril l Abril, stated that he would not vote on the resolution as he had been a Board member at the time of the Reform and had voted for 2 representatives. Milton Mueller supported two representatives and said that with possible new constituencies being added in the future, three representatives would make the structure unwieldy. Marilyn Cade supported maintaining 3 representatives and an assessment from within the Council rather than an outside review process. Antonio Harris supported 3 representatives to lessen the work load of representatives and to ensure geographical diversity Bruce Tonkin, from an engineering point of view, found advantages in assessing the impact after one year, of the first change made by the three representatives from the nominating committee. Philip Sheppard proposed the motion, as amended by Jeff Neuman: Whereas, the Names Council resolution of 1st August 2002 called for "three representatives per Constituency on the GNSO Council". Whereas, ICANN core value 2.4 is: - "Seeking and supporting broad, informed participation reflecting the functional, geographic, and cultural diversity of the Internet at all levels of policy development and decision-making". Whereas, ICANN core value 2.7 is: - "Employing open and transparent policy development mechanisms that (i) promote well-informed decisions based on expert advice, and (ii) ensure that those entities most affected can assist in the policy development process." Whereas, by-law article XX.5.8 states: "In the absence of further action on the topic by the New Board, each of the GNSO constituencies shall select two representatives to the GNSO Council.." "..no later than 1 October 2003." The GNSO council resolves that: Three representatives per Constituency is consistent with ICANN core value 2.4 on geographic and cultural diversity within the constituency as the majority of ICANN regions are represented. . Three representatives per Constituency is consistent with ICANN core value 2.7 on well-informed decision making. Experience has shown that three representatives improves the constituencies ability to share the workload of a council member, to be able to participate in task forces of the council, and to more effectively communicate with multiple regions. And therefore the GNSO Council requests the Board to make two changes in its review timetable: 1. To change the transition article to allow three representatives per constituency on the GNSO Council until the end of the ICANN annual meeting 2004; 2. To perform a review of the GNSO council in or around June 2004 which should include among other aspects of the review criteria, an analysis of the efficacy of having three representatives from each constituency on the GNSO Council. The Council approved the motion by a vote: - 21 in favour( proxy votes for Tony Holmes, Lynda Roesch, Ellen Shankman) - 1 Against (Milton Mueller) - 4 Abstentions (Amadeu Abril I Abril, Alick Wilson, Demi Getschko, proxy vote carried by Milton Mueller for Chun Eung Hwi) During the teleconference the following message was received from Chun Eung Hwi: and only read after the teleconference. GNSO Secretariat "I clearly support a resolution which make sure to have three representatives per constituency. If I could not be on the call, I will give my proxy to Milton Mueller. "