Hi Anne and SCI members, For reference please see the attached two excerpted sections from v2.9 of the GNSO Operating Procedures as approved by the Council and dated 13 November 2014. These also will be ready for posting in the Adobe Connect Room on Thursday along with the two requests. Best regards, Julie Julie Hedlund, Policy Director From: <Aikman-Scalese>, Anne <AAikman@lrrlaw.com> Date: Wednesday, June 3, 2015 4:42 PM To: "Aikman-Scalese, Anne" <AAikman@lrrlaw.com>, Julie Hedlund <julie.hedlund@icann.org>, "<gnso-improvem-impl-sc@icann.org>" <gnso-improvem-impl-sc@icann.org> Subject: RE: Meeting Invitation: Standing Committee on Improvements Implementation - Thursday 4th June 2015 at 18:00 UTC
Dear SCI Members, In order to provide a bit of background for our discussion of the first request from Council concerning the interplay between the Resubmission of a Motion rule and the 10 day waiver rule, I am pasting below in black lettering a previous comment posted to the list by Amr last year.
As I understand it, the basic question is whether a properly resubmitted motion may benefit from the 10 day waiver rule or not. In this regard, please note that an explanation as to the reason for resubmission of the motion previously defeated must be supplied and the explanation would normally be due 10 days prior to the Council meeting. If the 10 day waiver rule is applied, then hypothetically, the explanation for resubmission of the motion could be supplied the same day of the Council meeting and the same day of any vote on the resubmitted motion, provided that the other conditions for application of the 10 day waiver rule are met. These conditions include no objection from any Council member to waiving the 10 day rule.
I am also asking staff to be ready to post the text of 3.3.2 (10 day waiver rule) as actually adopted by the Council as well as 4.4.3 (Resubmitted motion) if needed.
Amr¹s text from last year¹s discussion is here:
Hi Greg and all,
I know I¹ve brought this up repetitively and I hate being a nag, but there¹s still an inconvenient loophole in this text regarding resubmission of motions. On its meeting of March 26th, 2014, the GNSO Council approved the SCI recommendation to amend the GNSO Operating Procedures by adding sections 4.3.3 and 4.3.4 detailing the guidelines of motions being resubmitted. Section 4.3.3, claus number 1 reads as follows:
³1. Explanation: The Councilor submitting the motion must also submit an explanation for the resubmission of the motion. The explanation need not accompany the motion when it is resubmitted; however, the explanation must be submitted no later than the deadline for submitting the motion (i.e., no later than 23h59 Coordinated Universal Time (UTC) on the day 10 calendar days before the Council meeting at which the motion is to be reconsidered). The explanation does not need to meet any requirements other than being submitted in a timely manner.²
If the SCI determines that it would like the 10-day rule waiver to also apply to motions being resubmitted (and not exclusively to motions being submitted for the first time) in its recommendation to the Council, then there needs to be clarifying text to that effect. If the SCI does not recommend that the waiver should apply to resubmitted motions, then no further action is necessary. If the former is true, and not the latter, the the way I read it, the required clarification should either be added as a fourth bullet to 3.3.2 referencing 4.3.3, or perhaps an added numbered item to 4.3.4 (Limitations and Exceptions to Resubmission of a Motion) referring to the waiver rule in 3.3.2. Without these changes, I can¹t see how the text of the operating procedures will support the waiver rule being applied to resubmitted motions in the event that the need arises.
Thanks.
Amr
Anne E. Aikman-Scalese, Of Counsel Lewis Roca Rothgerber LLP | One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611 (T) 520.629.4428 | (F) 520.879.4725 AAikman@LRRLaw.com | www.LRRLaw.com <http://www.lrrlaw.com/>
From: owner-gnso-improvem-impl-sc@icann.org [mailto:owner-gnso-improvem-impl-sc@icann.org] On Behalf Of Aikman-Scalese, Anne Sent: Tuesday, June 02, 2015 3:25 PM To: 'Julie Hedlund'; <gnso-improvem-impl-sc@icann.org> Subject: [gnso-improvem-impl-sc] RE: Meeting Invitation: Standing Committee on Improvements Implementation - Thursday 4th June 2015 at 18:00 UTC
Dear SCI members, In our June 4 phone meeting, we will take up the Council request regarding the overlap of the Waiver and Resubmission rules related to council motions. Please review the Council request forwarded by Julie on May 22. Thank you, Anne
Anne E. Aikman-Scalese, Of Counsel Lewis Roca Rothgerber LLP | One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611 (T) 520.629.4428 | (F) 520.879.4725 AAikman@LRRLaw.com | www.LRRLaw.com <http://www.lrrlaw.com/>
From:owner-gnso-improvem-impl-sc@icann.org [mailto:owner-gnso-improvem-impl-sc@icann.org] On Behalf Of Julie Hedlund Sent: Friday, May 22, 2015 2:59 PM To: <gnso-improvem-impl-sc@icann.org> Subject: [gnso-improvem-impl-sc] Re: Meeting Invitation: Standing Committee on Improvements Implementation - Thursday 4th June 2015 at 18:00 UTC
Dear SCI members,
Please also note the requests that were sent to the Council and approved for the SCI's consideration.
Best regards,
Julie
From: Julie Hedlund <julie.hedlund@icann.org> Date: Friday, May 22, 2015 2:02 PM To: "<gnso-improvem-impl-sc@icann.org>" <gnso-improvem-impl-sc@icann.org> Subject: [gnso-improvem-impl-sc] Re: Meeting Invitation: Standing Committee on Improvements Implementation - Thursday 4th June 2015 at 18:00 UTC
Dear SCI members,
Please note that the meeting listed below will be the only SCI meeting prior to the ICANN 53 meeting in Buenos Aires. However, staff have requested a slot for an SCI working session in Buenos Aires on the morning of Saturday, 20 June. Once that slot is confirmed we'll send a notification to the SCI list.
Have a nice weekend!
Julie
Julie Hedlund, Policy Director
From: Nathalie Peregrine <nathalie.peregrine@icann.org> Date: Friday, May 22, 2015 12:42 PM To: "Ntfy-gnso-improvem-impl-sc@icann.org" <Ntfy-gnso-improvem-impl-sc@icann.org> Cc: "gnso-secs@icann.org" <gnso-secs@icann.org>, Julie Hedlund <julie.hedlund@icann.org> Subject: Meeting Invitation: Standing Committee on Improvements Implementation - Thursday 4th June 2015 at 18:00 UTC
Dear All,
As per the results of the Doodle poll, the preferred time and date for Standing Committee on Improvements Implementation teleconferences are Thursdays at 18:00 UTC.The next meeting is scheduled on Thursday 4th June 2015 at 18:00 UTC for 60 minutes.
11:00 PST , 14:00 EST, 19:00 London, 20:00 CET For other times:http://tinyurl.com/osnyhmr
Adobe Connect: http://icann.adobeconnect.com/standcommdraft/ <http://icann.adobeconnect.com/standcommdraft/>
Dial-in details are below.
If you require a dial-out, please email us (gnso-secs@icann.org <mailto:gnso-secs@icann.org> ) your preferred contact number.
____________________________________________________________________________ Participant passcode: SCI
For security reasons, the passcode will be required to join the call. ____________________________________________________________________________
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Thank you Kind regards,
Nathalie
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