Dear Greg

Thanks for resending this text and for going through it on today's call. Since time was against us I have outlined some queries below -

1. Perhaps a separate section/clause should be created for the time of the meetings? The time of the meeting is an important consideration but it does not seem to fit within Notice of Meeting.

2. Which Rules are referred to at the end of the second to last paragraph? Is it the GNSO rules, the rules in the clause relating to the Notice of Meetings or otherwise? To avoid ambiguity this could be clarified.

3. The 24 hour advance motion submission deadline seems appropriate. But I am concerned that a proxy (who is expected to vote) is sufficiently aware or informed of the issue since there is no similar timeframe for the declaration of a proxy. On first consideration it appears that the declaration of proxy must work in tandem with the 24 hour motion notice period. 
If that the proxy is not declared in advance of the meeting to ensure that they receive the 24 hour notice and the proxies are not on the GNSO Council; then I believe there should be inclusion of proxies receiving 24 hour notice in the first bullet.

Thanks for your consideration and comment. 

Kind regards

Cintra



On Tue, Apr 8, 2014 at 3:39 PM, Shatan, Gregory S. <GShatan@reedsmith.com> wrote:

Resending.

 

From: Shatan, Gregory S.

Sent: Friday, March 21, 2014 12:54 PM
To: gnso-improvem-impl-sc@icann.org
Subject: Waiver of 10 Day Requirement for Submission of a Motion

 

All:

 

I look forward to meeting with you (and in some cases meeting you) in a few hours.  Marika and I have prepared the following proposed language relating to the above issue (a Word version is also attached).  The new language is in italics (if you can’t see italics, it begins with ”(the “Submission Deadline”)” and proceeds for the next two paragraphs).

 

3.3 Notice of Meetings

 

Advance notice of meetings shall be posted on the GNSO website, if reasonably practicable, at least 7 days in advance of the meeting for Administrative issues and 14 days in advance for Policy issues. Advance notice shall also be posted to other GNSO Council work spaces where practical.

 

Reports and motions should be submitted to the GNSO Council for inclusion on the agenda as soon as possible, but no later than 23h59 Coordinated Universal Time (UTC) on the day, 10 calendar days before the GNSO Council meeting (the “Submission Deadline”).

 

If a motion is submitted after the Submission Deadline, the GNSO Council shall consider the motion if the following requirements are met:

 

  • The motion is submitted to the GNSO Council at least 24 hours in advance of the GNSO Council meeting;
  • The motion is accompanied by a request to consider the motion despite submission after the Submission Deadline (a “Request for Consideration”);
  • A vote on the Request for Consideration shall be called as the first order of business for the agenda item that deals with the motion. The vote on the Request for Consideration must be unanimous (i.e., all Councilors or their proxies must vote and all votes cast must be in favor of considering the motion at such GNSO Council meeting) for the motion to be considered at such GNSO Council meeting.

 

If these requirements are not met, the motion shall be considered at the next GNSO Council meeting, provided that the motion has been submitted prior to the Submission Deadline for such next GNSO Council meeting.  If not, the requirements above must be met for consideration at such next GNSO Council meeting.  For the avoidance of doubt, if the requirements above are not met, the motion shall not be considered “submitted” for purposes of these Rules.

 

The time of the meetings may vary to accommodate the different geographic regions represented by GNSO Council members. By way of guidance, start times corresponding to local times for the GNSO Council members earlier than 0600 and later than 2300 should be avoided where possible.

 

We look forward to your comments.  (Note that this language has not been reviewed by my constituency, the IPC.)

 

Best regards,

 

Greg

 

Gregory S. Shatan
Deputy Chair | Tech Transactions Group
IP | Technology | Media
ReedSmithLLP
The business of relationships
599 Lexington Avenue
New York, NY 10022
212.549.0275 | Phone
917.816.6428 | Mobile
212.521.5450 | Fax
gshatan@reedsmith.com
www.reedsmith.com

 

 

* * *

This E-mail, along with any attachments, is considered confidential and may well be legally privileged. If you have received it in error, you are on notice of its status. Please notify us immediately by reply e-mail and then delete this message from your system. Please do not copy it or use it for any purposes, or disclose its contents to any other person. Thank you for your cooperation.

* * *

To ensure compliance with Treasury Department regulations, we inform you that, unless otherwise indicated in writing, any U.S. Federal tax advice contained in this communication  (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or applicable state and local provisions or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein.

Disclaimer Version RS.US.20.10.00