Re: Sub Team B Action Item/Scenarios for the SCI on Chair/Vice Chair Elections
Anne, Thanks very much for the helpful feedback. Staff will include them in the document we put in the Adobe Connect room tomorrow — along with any other comments we may receive. Kind regards, Julie From: "Aikman-Scalese, Anne" <AAikman@lrrc.com> Date: Wednesday, March 23, 2016 at 2:21 PM To: Julie Hedlund <julie.hedlund@icann.org>, "gnso-improvem-impl-sc@icann.org" <gnso-improvem-impl-sc@icann.org> Subject: RE: Sub Team B Action Item/Scenarios for the SCI on Chair/Vice Chair Elections Julie et al, I have some preliminary comments from IPC Leadership for SCI consideration and discussion as shown inline in red text below. (These are not final positions – just questions and comments.) Anne Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com _____________________________ Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 700 Tucson, Arizona 85701-1611 lrrc.com From:owner-gnso-improvem-impl-sc@icann.org [mailto:owner-gnso-improvem-impl-sc@icann.org] On Behalf Of Julie Hedlund Sent: Tuesday, March 22, 2016 1:46 PM To: gnso-improvem-impl-sc@icann.org Subject: [gnso-improvem-impl-sc] Sub Team B Action Item/Scenarios for the SCI on Chair/Vice Chair Elections Dear SCI members, The Sub Team B deliberated yesterday on the remaining issue relating to the Chair/Vice Chair elections. They present the following action item and possible scenarios, including pros and cons, to the SCI for consideration and discussion at the meeting on Thursday, 24 March. Also for consideration is a revised draft election timeline. Best regards. Julie Julie Hedlund, Director, SSAC Support Remaining Issue to Address on Chair/Vice Chair Elections ISSUE 2: Is there a gap to be addressed when the Vice Chairs' terms end at the same time as that of the Chair, and no Chair is conclusively elected by that time? Discussion points: The primary goal is to have a successful election of a Chair and a simple solution. The options should give preference to the continuation of the Vice Chairs if they are available to continue (not term-limited). In case there is no incumbent Vice Chair available then the designation should be made by the related House. Designation by both Houses of a non-voting NCA to act as interim Chair in the absence of an available Vice-Chair should be done only as a possible last resort (subject to possible conditions from the NomCom). Action Item--Possible Scenarios and Suggestions in Order of Priority: SCENARIO 1: A new GNSO Council Chair is not elected, but both Vice Chairs are continuing on the Council. Suggestion: “In the case where no Chair is conclusively elected, the two Vice Chairs shall jointly oversee the Chair election and conduct Council business until such time as a new Chair is elected.” Pros: Simplest solution with minimal changes to the GNSO Operating Procedures. Used in Dublin. Cons: Are there concerns with the Vice Chairs conducting Council business? SCENARIO 2: A new GNSO Council Chair is not elected, but one Vice Chair is continuing on the Council, while the other Vice Chair’s term on the Council is ending. If one Vice Chair seat is being vacated, the relevant House should appoint an Interim Vice Chair to work with the continuing Vice Chair in the other House to conduct Council business. Suggestion: “In the case where one of Vice-Chair's' term on the Council ends at the same time as the Chair, and no Chair is conclusively elected, the remaining Vice Chair shall oversee the Chair election and conduct Council business until such time as a new Chair is elected.” Pros: A simple solution with minimal changes to the GNSO Operating Procedures. Similar to the procedure in Dublin. Cons: One one House is represented in the Vice Chair position. Are there concerns with one Vice Chair conducting Council business? SCENARIO 3: A new GNSO Council Chair is not elected in the first round, and neither of the two Vice Chairs is continuing on the Council. It should be clear that an appointed Interim Vice Chair is not prohibited from continuing as Vice Chair after the Council Chair election is concluded, provided the relevant House agrees on that Vice Chair continuing. “their service in those roles would end” should be clarified. Suggestion: “In the case where both Vice-Chairs’ terms on the Council end at the same time as the Chair, and no Chair is conclusively elected, this procedure would apply: Each House should designate a new or continuing cCouncilor, which may include the voting and non-voting NCAs, to temporarily fill the role of Vice Chair on an interim basis, not as an elected Vice Chair. These individuals will co-chair the Chair election and conduct Council business. Once the election is completed their service in those roles would end. Candidates for Chair would not be eligible to serve as designated Interim Vice Chairs, to avoid potential conflicts of interest.” Pros: Avoids changes to the Bylaws or a Special Circumstance vote. Cons: Not clear if there are concerns from the Council or the NomCom for the non-voting NCAs to be included, or conducting Council business. Question as to how long each House has to do this before we default to Scenario 4. SCENARIO 4: A new GNSO Council Chair is not elected, neither of the two Vice Chairs is continuing on the Council, and the Houses do not designate Interim Vice Chairs. Suggestion: “if both Houses should fail to temporarily fill the role of Vice Chair on an interim basis, a non-voting NCA will be designated Interim Chair to oversee the election and conduct Council business until such time as a Chair is elected. The reference should be to “the” non-voting NCA since there is only one. An inexperienced incoming non-voting NCA conducting Council business may be a concern but this scenario is a “last resort” and may also provide motivation for the Houses to appoint Interim Vice Chairs quickly as noted by Amr and Sara in chat on Monday. Important to specify at what point Scenario 4 takes effect, i.e. how much time do the Houses have to appoint Vice Chairs in Scenario 3? Pros: Avoids changes to the Bylaws or a Special Circumstance vote. Cons: Are there concerns from the Council or the NomCom for a non-voting NCA to be in the role of the Chair and conducting business. 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 Anne, As I mentioned I'll be on train during the call today and I know that the connection may cut sometimes. I therefore would appreciate you presenting to the SCI the status of our team work. Hope I can contribute as much as possible Thanks and regards Wolf-Ulrich Sent from my personal phone
Am 23.03.2016 um 19:36 schrieb Julie Hedlund <julie.hedlund@icann.org>:
Anne,
Thanks very much for the helpful feedback. Staff will include them in the document we put in the Adobe Connect room tomorrow — along with any other comments we may receive.
Kind regards, Julie
From: "Aikman-Scalese, Anne" <AAikman@lrrc.com> Date: Wednesday, March 23, 2016 at 2:21 PM To: Julie Hedlund <julie.hedlund@icann.org>, "gnso-improvem-impl-sc@icann.org" <gnso-improvem-impl-sc@icann.org> Subject: RE: Sub Team B Action Item/Scenarios for the SCI on Chair/Vice Chair Elections
Julie et al, I have some preliminary comments from IPC Leadership for SCI consideration and discussion as shown inline in red text below. (These are not final positions – just questions and comments.) Anne
Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com _____________________________ <image003.png> Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 700 Tucson, Arizona 85701-1611 lrrc.com
From:owner-gnso-improvem-impl-sc@icann.org [mailto:owner-gnso-improvem-impl-sc@icann.org] On Behalf Of Julie Hedlund Sent: Tuesday, March 22, 2016 1:46 PM To: gnso-improvem-impl-sc@icann.org Subject: [gnso-improvem-impl-sc] Sub Team B Action Item/Scenarios for the SCI on Chair/Vice Chair Elections
Dear SCI members,
The Sub Team B deliberated yesterday on the remaining issue relating to the Chair/Vice Chair elections. They present the following action item and possible scenarios, including pros and cons, to the SCI for consideration and discussion at the meeting on Thursday, 24 March. Also for consideration is a revised draft election timeline.
Best regards. Julie
Julie Hedlund, Director, SSAC Support
Remaining Issue to Address on Chair/Vice Chair Elections
ISSUE 2: Is there a gap to be addressed when the Vice Chairs' terms end at the same time as that of the Chair, and no Chair is conclusively elected by that time? Discussion points: The primary goal is to have a successful election of a Chair and a simple solution. The options should give preference to the continuation of the Vice Chairs if they are available to continue (not term-limited). In case there is no incumbent Vice Chair available then the designation should be made by the related House. Designation by both Houses of a non-voting NCA to act as interim Chair in the absence of an available Vice-Chair should be done only as a possible last resort (subject to possible conditions from the NomCom).
Action Item--Possible Scenarios and Suggestions in Order of Priority:
SCENARIO 1: A new GNSO Council Chair is not elected, but both Vice Chairs are continuing on the Council.
Suggestion: “In the case where no Chair is conclusively elected, the two Vice Chairs shall jointly oversee the Chair election and conduct Council business until such time as a new Chair is elected.” Pros: Simplest solution with minimal changes to the GNSO Operating Procedures. Used in Dublin. Cons: Are there concerns with the Vice Chairs conducting Council business?
SCENARIO 2: A new GNSO Council Chair is not elected, but one Vice Chair is continuing on the Council, while the other Vice Chair’s term on the Council is ending. If one Vice Chair seat is being vacated, the relevant House should appoint an Interim Vice Chair to work with the continuing Vice Chair in the other House to conduct Council business.
Suggestion: “In the case where one of Vice-Chair's' term on the Council ends at the same time as the Chair, and no Chair is conclusively elected, the remaining Vice Chair shall oversee the Chair election and conduct Council business until such time as a new Chair is elected.” Pros: A simple solution with minimal changes to the GNSO Operating Procedures. Similar to the procedure in Dublin. Cons: One one House is represented in the Vice Chair position. Are there concerns with one Vice Chair conducting Council business?
SCENARIO 3: A new GNSO Council Chair is not elected in the first round, and neither of the two Vice Chairs is continuing on the Council. It should be clear that an appointed Interim Vice Chair is not prohibited from continuing as Vice Chair after the Council Chair election is concluded, provided the relevant House agrees on that Vice Chair continuing. “their service in those roles would end” should be clarified.
Suggestion: “In the case where both Vice-Chairs’ terms on the Council end at the same time as the Chair, and no Chair is conclusively elected, this procedure would apply: Each House should designate a new or continuing cCouncilor, which may include the voting and non-voting NCAs, to temporarily fill the role of Vice Chair on an interim basis, not as an elected Vice Chair. These individuals will co-chair the Chair election and conduct Council business. Once the election is completed their service in those roles would end. Candidates for Chair would not be eligible to serve as designated Interim Vice Chairs, to avoid potential conflicts of interest.” Pros: Avoids changes to the Bylaws or a Special Circumstance vote. Cons: Not clear if there are concerns from the Council or the NomCom for the non-voting NCAs to be included, or conducting Council business. Question as to how long each House has to do this before we default to Scenario 4.
SCENARIO 4: A new GNSO Council Chair is not elected, neither of the two Vice Chairs is continuing on the Council, and the Houses do not designate Interim Vice Chairs.
Suggestion: “if both Houses should fail to temporarily fill the role of Vice Chair on an interim basis, a non-voting NCA will be designated Interim Chair to oversee the election and conduct Council business until such time as a Chair is elected. The reference should be to “the” non-voting NCA since there is only one. An inexperienced incoming non-voting NCA conducting Council business may be a concern but this scenario is a “last resort” and may also provide motivation for the Houses to appoint Interim Vice Chairs quickly as noted by Amr and Sara in chat on Monday. Important to specify at what point Scenario 4 takes effect, i.e. how much time do the Houses have to appoint Vice Chairs in Scenario 3? Pros: Avoids changes to the Bylaws or a Special Circumstance vote. Cons: Are there concerns from the Council or the NomCom for a non-voting NCA to be in the role of the Chair and conducting business.
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. <image003.png>
participants (2)
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Julie Hedlund -
Wolf-Ulrich.Knoben＠t-online.de