Proposed Language Concerning 10-Day Waiver and Resubmitted Motions
Dear Anne and SCI members, As discussed on our call on 04 June, Amr and staff considered draft language concerning the treatment of resubmitted motions with respect to the 10-day waiver rule. After reviewing the language that Amr had referenced at the meeting, and that had been suggested by Mary Wong last year when this issue was first discussed, we decided that language seemed to address the issue succinctly. Here is the language [in brackets/highlighted] following the last two sentences of Section 3.3.2 Submission of Reports and Motions. "If these requirements are not met, the motion shall not be considered submitted for the next Council meeting. For the avoidance of doubt, if the motion is proposed again for a subsequent Council meeting, it shall not be considered a resubmitted motion under the rules for Resubmission of a Motion in these Operating Procedures. [Resubmitted motions made pursuant to Section 4.3.3 of these Operating Procedures after the Submission Deadline must meet these requirements in addition to those detailed in Section 4.3.3 in order to be eligible for consideration by the GNSO Council under this Section 3.3.2.]" For your reference, I have included below the full text from Sections 3.3.2 and 4.3.3. The next SCI meeting will be held in Buenos Aires on Saturday, 20 June, from 0745 to 0845 local time (1045 UTC) during which the SCI can discuss the proposed language. Of course, you may also wish to send comments to the list prior to the meeting. Best regards, Julie Julie Hedlund, Policy Director Excerpted from the GNSO Operating Procedures, v9 (13 November 2014) 3.3.2 Submission of Reports and Motions 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. If a motion is submitted after the Submission Deadline, the GNSO Council shall consider the motion if the following requirements are met: a. The motion (including any report or other supporting documentation) is submitted to the GNSO Council at least 24 hours in advance of the GNSO Council meeting; b. The motion is accompanied by a request to consider the motion despite submission after the Submission Deadline (a ³Request for Consideration²); c. 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 not be considered submitted for the next Council meeting. For the avoidance of doubt, if the motion is proposed again for a subsequent Council meeting, it shall not be considered a resubmitted motion under the rules for Resubmission of a Motion in these Operating Procedures. 4.3.3 Resubmission of a Motion: If a motion has been voted on by the GNSO Council and not adopted, that motion may be resubmitted to the Council for consideration at a subsequent meeting of the Council, subject to the following criteria: 1. 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. Publication: The text and explanation of the resubmitted motion must be published (i.e., circulated to the Council mailing list) no later than the deadline for submitting the motion. 3. Second: Upon the second resubmission of a motion (i.e., the third time the same motion comes before the Council), the motion must be seconded by a Councilor from each house as a prerequisite for placing the resubmitted motion on the consent agenda.
Dear all, It was agreed in our SCI conference call on Thursday June 4 that we would ask members for their general views on the applicability of the 10-day waiver rule to resubmitted motions prior to considering specific language. We took a straw poll and those on the call were in favor of pursuing this clarification to the Operating Procedures to confirm that a resubmitted motion may benefit from the 10 day waiver rule, provided it meets all the other requirements of that rule. Thus, a resubmitted motion could be considered under the waiver rule if submitted 24 hours prior to the Council meeting accompanied by a request for consideration on a waiver basis and an explanation as to why the motion should be reconsidered. The 10 day waiver only applies if no Councilor objects. At the top of our meeting in Buenos Aires, we will be discussing the proposed application of this rule generally. Will those who were not on the call June 4 please try to listen to the mp3 previously forwarded by Terri? Then please provide any comments you may want to make as to the general idea to the list prior to Saturday June 20 for our 7:45 am meeting BA time. I am looking forward to see all who are able to attend in Buenos Aires. Again, our meeting runs from 7:45 to 8:45 am Saturady in the same room as GNSO Council working sessions. Thank you and smooth travels to everyone, Anne [cid:image001.gif@01D0A836.A09EB3C0] 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<mailto:AAikman@LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/> From: Julie Hedlund [mailto:julie.hedlund@icann.org] Sent: Tuesday, June 16, 2015 12:48 PM To: Aikman-Scalese, Anne; gnso-improvem-impl-sc@icann.org Subject: Proposed Language Concerning 10-Day Waiver and Resubmitted Motions Importance: High Dear Anne and SCI members, As discussed on our call on 04 June, Amr and staff considered draft language concerning the treatment of resubmitted motions with respect to the 10-day waiver rule. After reviewing the language that Amr had referenced at the meeting, and that had been suggested by Mary Wong last year when this issue was first discussed, we decided that language seemed to address the issue succinctly. Here is the language [in brackets/highlighted] following the last two sentences of Section 3.3.2 Submission of Reports and Motions. "If these requirements are not met, the motion shall not be considered submitted for the next Council meeting. For the avoidance of doubt, if the motion is proposed again for a subsequent Council meeting, it shall not be considered a resubmitted motion under the rules for Resubmission of a Motion in these Operating Procedures. [Resubmitted motions made pursuant to Section 4.3.3 of these Operating Procedures after the Submission Deadline must meet these requirements in addition to those detailed in Section 4.3.3 in order to be eligible for consideration by the GNSO Council under this Section 3.3.2.]" For your reference, I have included below the full text from Sections 3.3.2 and 4.3.3. The next SCI meeting will be held in Buenos Aires on Saturday, 20 June, from 0745 to 0845 local time (1045 UTC) during which the SCI can discuss the proposed language. Of course, you may also wish to send comments to the list prior to the meeting. Best regards, Julie Julie Hedlund, Policy Director Excerpted from the GNSO Operating Procedures, v9 (13 November 2014) 3.3.2 Submission of Reports and Motions 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. If a motion is submitted after the Submission Deadline, the GNSO Council shall consider the motion if the following requirements are met: 1. The motion (including any report or other supporting documentation) is submitted to the GNSO Council at least 24 hours in advance of the GNSO Council meeting; 2. The motion is accompanied by a request to consider the motion despite submission after the Submission Deadline (a “Request for Consideration”); 3. 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 not be considered submitted for the next Council meeting. For the avoidance of doubt, if the motion is proposed again for a subsequent Council meeting, it shall not be considered a resubmitted motion under the rules for Resubmission of a Motion in these Operating Procedures. 4.3.3 Resubmission of a Motion: If a motion has been voted on by the GNSO Council and not adopted, that motion may be resubmitted to the Council for consideration at a subsequent meeting of the Council, subject to the following criteria: 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. Publication: The text and explanation of the resubmitted motion must be published (i.e., circulated to the Council mailing list) no later than the deadline for submitting the motion. Second: Upon the second resubmission of a motion (i.e., the third time the same motion comes before the Council), the motion must be seconded by a Councilor from each house as a prerequisite for placing the resubmitted motion on the consent agenda. ________________________________ This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.
Hi, (without liaison hat on) I have a question: does it seem like we are complicating the rules to the point that it will take lawyers to read and interpret them. I read the language below and found I had to read it multiple times to get a clear view of what it was saying. Is there are chance we might consider readability when making changes? And perhaps doing a readability pass though the operating procedures at some point? avri On 16-Jun-15 15:48, Julie Hedlund wrote:
Dear Anne and SCI members,
As discussed on our call on 04 June, Amr and staff considered draft language concerning the treatment of resubmitted motions with respect to the 10-day waiver rule. After reviewing the language that Amr had referenced at the meeting, and that had been suggested by Mary Wong last year when this issue was first discussed, we decided that language seemed to address the issue succinctly. Here is the language [in brackets/highlighted] following the last two sentences of Section 3.3.2 Submission of Reports and Motions.
"If these requirements are not met, the motion shall not be considered submitted for the next Council meeting. For the avoidance of doubt, if the motion is proposed again for a subsequent Council meeting, it shall not be considered a resubmitted motion under the rules for Resubmission of a Motion in these Operating Procedures. [Resubmitted motions made pursuant to Section 4.3.3 of these Operating Procedures after the Submission Deadline must meet these requirements in addition to those detailed in Section 4.3.3 in order to be eligible for consideration by the GNSO Council under this Section 3.3.2.]"
For your reference, I have included below the full text from Sections 3.3.2 and 4.3.3.
The next SCI meeting will be held in Buenos Aires on Saturday, 20 June, from 0745 to 0845 local time (1045 UTC) during which the SCI can discuss the proposed language. Of course, you may also wish to send comments to the list prior to the meeting.
Best regards, Julie
Julie Hedlund, Policy Director * * *Excerpted from the GNSO Operating Procedures, v9 (13 November 2014)*
3.3.2 Submission of Reports and Motions
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.
If a motion is submitted after the Submission Deadline, the GNSO Council shall consider the motion if the following requirements are met:
a. The motion (including any report or other supporting documentation) is submitted to the GNSO Council at least 24 hours in advance of the GNSO Council meeting;
b. The motion is accompanied by a request to consider the motion despite submission after the Submission Deadline (a “Request for Consideration”);
c. 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 not be considered submitted for the next Council meeting. For the avoidance of doubt, if the motion is proposed again for a subsequent Council meeting, it shall not be considered a resubmitted motion under the rules for Resubmission of a Motion in these Operating Procedures.
4.3.3 _Resubmission of a Motion_: If a motion has been voted on by the GNSO Council and not adopted, that motion may be resubmitted to the Council for consideration at a subsequent meeting of the Council, subject to the following criteria:
1. _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. _Publication_: The text and explanation of the resubmitted motion must be published (_i.e._, circulated to the Council mailing list) no later than the deadline for submitting the motion.
3. _Second_: Upon the second resubmission of a motion (_i.e._, the third time the same motion comes before the Council), the motion must be seconded by a Councilor from each house as a prerequisite for placing the resubmitted motion on the consent agenda.
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Hi, I don’t see why we can’t (or shouldn’t) consider readability. Note that the language being suggested is only meant to be a starting point, not a final draft. Having said that, I don’t personally find this language to be overly complex, but that may very well be because I’ve been paying far more attention to this topic than a typical community member who is not aware of SCI projects and discussions. On Jun 18, 2015, at 2:02 AM, Avri Doria <avri@ACM.ORG> wrote:
Hi,
(without liaison hat on)
I have a question: does it seem like we are complicating the rules to the point that it will take lawyers to read and interpret them. I read the language below and found I had to read it multiple times to get a clear view of what it was saying.
Is there are chance we might consider readability when making changes? And perhaps doing a readability pass though the operating procedures at some point?
avri
On 16-Jun-15 15:48, Julie Hedlund wrote:
Dear Anne and SCI members,
As discussed on our call on 04 June, Amr and staff considered draft language concerning the treatment of resubmitted motions with respect to the 10-day waiver rule. After reviewing the language that Amr had referenced at the meeting, and that had been suggested by Mary Wong last year when this issue was first discussed, we decided that language seemed to address the issue succinctly. Here is the language [in brackets/highlighted] following the last two sentences of Section 3.3.2 Submission of Reports and Motions.
"If these requirements are not met, the motion shall not be considered submitted for the next Council meeting. For the avoidance of doubt, if the motion is proposed again for a subsequent Council meeting, it shall not be considered a resubmitted motion under the rules for Resubmission of a Motion in these Operating Procedures. [Resubmitted motions made pursuant to Section 4.3.3 of these Operating Procedures after the Submission Deadline must meet these requirements in addition to those detailed in Section 4.3.3 in order to be eligible for consideration by the GNSO Council under this Section 3.3.2.]"
For your reference, I have included below the full text from Sections 3.3.2 and 4.3.3.
The next SCI meeting will be held in Buenos Aires on Saturday, 20 June, from 0745 to 0845 local time (1045 UTC) during which the SCI can discuss the proposed language. Of course, you may also wish to send comments to the list prior to the meeting.
Best regards, Julie
Julie Hedlund, Policy Director * * *Excerpted from the GNSO Operating Procedures, v9 (13 November 2014)*
3.3.2 Submission of Reports and Motions
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.
If a motion is submitted after the Submission Deadline, the GNSO Council shall consider the motion if the following requirements are met:
a. The motion (including any report or other supporting documentation) is submitted to the GNSO Council at least 24 hours in advance of the GNSO Council meeting;
b. The motion is accompanied by a request to consider the motion despite submission after the Submission Deadline (a “Request for Consideration”);
c. 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 not be considered submitted for the next Council meeting. For the avoidance of doubt, if the motion is proposed again for a subsequent Council meeting, it shall not be considered a resubmitted motion under the rules for Resubmission of a Motion in these Operating Procedures.
4.3.3 _Resubmission of a Motion_: If a motion has been voted on by the GNSO Council and not adopted, that motion may be resubmitted to the Council for consideration at a subsequent meeting of the Council, subject to the following criteria:
1. _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. _Publication_: The text and explanation of the resubmitted motion must be published (_i.e._, circulated to the Council mailing list) no later than the deadline for submitting the motion.
3. _Second_: Upon the second resubmission of a motion (_i.e._, the third time the same motion comes before the Council), the motion must be seconded by a Councilor from each house as a prerequisite for placing the resubmitted motion on the consent agenda.
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Avri - I agree with your instincts on this one. Although I am a lawyer and appreciate that this language is in fact succinct from a legal drafting standpoint, I am also interested to see whether we could craft something a bit easier to read. Let's discuss in our meeting tomorrow morning. 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 -----Original Message----- From: Avri Doria [mailto:avri@acm.org] Sent: Wednesday, June 17, 2015 5:03 PM To: Julie Hedlund; Aikman-Scalese, Anne; gnso-improvem-impl-sc@icann.org Subject: Re: [gnso-improvem-impl-sc] Proposed Language Concerning 10-Day Waiver and Resubmitted Motions Hi, (without liaison hat on) I have a question: does it seem like we are complicating the rules to the point that it will take lawyers to read and interpret them. I read the language below and found I had to read it multiple times to get a clear view of what it was saying. Is there are chance we might consider readability when making changes? And perhaps doing a readability pass though the operating procedures at some point? avri On 16-Jun-15 15:48, Julie Hedlund wrote:
Dear Anne and SCI members,
As discussed on our call on 04 June, Amr and staff considered draft language concerning the treatment of resubmitted motions with respect to the 10-day waiver rule. After reviewing the language that Amr had referenced at the meeting, and that had been suggested by Mary Wong last year when this issue was first discussed, we decided that language seemed to address the issue succinctly. Here is the language [in brackets/highlighted] following the last two sentences of Section 3.3.2 Submission of Reports and Motions.
"If these requirements are not met, the motion shall not be considered submitted for the next Council meeting. For the avoidance of doubt, if the motion is proposed again for a subsequent Council meeting, it shall not be considered a resubmitted motion under the rules for Resubmission of a Motion in these Operating Procedures. [Resubmitted motions made pursuant to Section 4.3.3 of these Operating Procedures after the Submission Deadline must meet these requirements in addition to those detailed in Section 4.3.3 in order to be eligible for consideration by the GNSO Council under this Section 3.3.2.]"
For your reference, I have included below the full text from Sections 3.3.2 and 4.3.3.
The next SCI meeting will be held in Buenos Aires on Saturday, 20 June, from 0745 to 0845 local time (1045 UTC) during which the SCI can discuss the proposed language. Of course, you may also wish to send comments to the list prior to the meeting.
Best regards, Julie
Julie Hedlund, Policy Director * * *Excerpted from the GNSO Operating Procedures, v9 (13 November 2014)*
3.3.2 Submission of Reports and Motions
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.
If a motion is submitted after the Submission Deadline, the GNSO Council shall consider the motion if the following requirements are met:
a. The motion (including any report or other supporting documentation) is submitted to the GNSO Council at least 24 hours in advance of the GNSO Council meeting;
b. The motion is accompanied by a request to consider the motion despite submission after the Submission Deadline (a "Request for Consideration");
c. 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 not be considered submitted for the next Council meeting. For the avoidance of doubt, if the motion is proposed again for a subsequent Council meeting, it shall not be considered a resubmitted motion under the rules for Resubmission of a Motion in these Operating Procedures.
4.3.3 _Resubmission of a Motion_: If a motion has been voted on by the GNSO Council and not adopted, that motion may be resubmitted to the Council for consideration at a subsequent meeting of the Council, subject to the following criteria:
1. _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. _Publication_: The text and explanation of the resubmitted motion must be published (_i.e._, circulated to the Council mailing list) no later than the deadline for submitting the motion.
3. _Second_: Upon the second resubmission of a motion (_i.e._, the third time the same motion comes before the Council), the motion must be seconded by a Councilor from each house as a prerequisite for placing the resubmitted motion on the consent agenda.
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participants (4)
-
Aikman-Scalese, Anne -
Amr Elsadr -
Avri Doria -
Julie Hedlund