Hi Anne, I’ll shortly send the notes and actions from today’s call and I’ll include the new comment from IPC for consideration. Kind regards, Julie From: "Aikman-Scalese, Anne" <AAikman@lrrc.com> Date: Thursday, April 7, 2016 at 3:52 PM To: 'WUKnoben' <wolf-ulrich.knoben@t-online.de>, Julie Hedlund <julie.hedlund@icann.org>, "gnso-improvem-impl-sc@icann.org" <gnso-improvem-impl-sc@icann.org> Subject: RE: [gnso-improvem-impl-sc] Chair Elections and Interim Vice Chair Appointments Thanks Wolf-Ulrich. It sounded as though no one had a problem with 14 calendar days. A new comment came up from IPC, that even where a Vice Chair is continuing in his/her term, the relevant House should have the ability to appoint a different Interim Vice Chair that is otherwise eligible. Julie, could you please add this question to the agenda for our next call? (I wanted to alert everyone this issue arose today so that you have time to discuss with your constituencies before the next call.) Thank you, 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: WUKnoben [mailto:wolf-ulrich.knoben@t-online.de] Sent: Thursday, April 07, 2016 11:39 AM To: Aikman-Scalese, Anne; Julie Hedlund; gnso-improvem-impl-sc@icann.org Subject: Re: [gnso-improvem-impl-sc] REMINDER re: Notes/Actions: SCI Meeting 24 March 2016 Oh, I couldn’t remember a council call after a AGM within less than 4 weeks. But...I’m open. Best regards Wolf-Ulrich From:Aikman-Scalese, Anne Sent: Thursday, April 7, 2016 7:56 PM To: 'WUKnoben' ; Julie Hedlund ; gnso-improvem-impl-sc@icann.org Subject: RE: [gnso-improvem-impl-sc] REMINDER re: Notes/Actions: SCI Meeting 24 March 2016 I am concerned that 14 calendar days is too long since GNSO Council Meetings can sometimes occur two weeks apart. Is there a reason we need to lengthen to 14 days? 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 WUKnoben Sent: Thursday, April 07, 2016 10:43 AM To: Julie Hedlund; gnso-improvem-impl-sc@icann.org Subject: Re: [gnso-improvem-impl-sc] REMINDER re: Notes/Actions: SCI Meeting 24 March 2016 My suggestions in brief: Deadline for designations: 14 calendar days following the council meeting Scenario 3: agreed. I Think we should discuss the case of failing the chair election during a 2nd round. To my knowledge in this case a new nomination round starts – which should be open to all, even to the Interm VCs Scenario 4: agreed. same point as above, with respect to the non voting NCA Best regards Wolf-Ulrich From:Julie Hedlund Sent: Thursday, March 31, 2016 5:27 PM To: gnso-improvem-impl-sc@icann.org Subject: [gnso-improvem-impl-sc] REMINDER re: Notes/Actions: SCI Meeting 24 March 2016 Dear SCI members, Please see as a reminder the notes/actions below in preparation for the continued discussion at our next meeting on Thursday, 07 April. Kind regards, Julie Julie Hedlund, Policy Director From: <owner-gnso-improvem-impl-sc@icann.org> on behalf of Julie Hedlund <julie.hedlund@icann.org> Date: Thursday, March 24, 2016 at 4:36 PM To: "gnso-improvem-impl-sc@icann.org" <gnso-improvem-impl-sc@icann.org> Subject: [gnso-improvem-impl-sc] Notes/Actions: SCI Meeting 24 March 2016 Dear SCI members, Please see below the notes/actions captured from the SCI meeting held on 24 March. Please let us know if you have any questions or comments. During today’s call it was agreed that discussion could continue on the list concerning these notes/actions. I’ve included the suggestions provided by IPC, as these were included in today’s discussion. The suggested changes for your review are in red/brackets as indicated below. Staff will separately send a notice for a call in two weeks on Thursday, 07 April at the usual time of 1800 UTC. Kind regards, Julie Notes/Actions re Remaining Issue 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? 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? Notes: There were no objections to the Vice Chairs conducting Council business. **ACTION ITEM: The suggestion above is accepted. 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. IPC suggestion: 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 terms on the Council ends at the same time as the Chair, and no Chair is conclusively elected, [OPTION 1: the remaining Vice Chair shall oversee the Chair election and conduct Council business until such time as a new Chair is elected] OR [OPTION 2: the House with a vacant Vice-Chair position shall designate an Interim Vice Chair to join the continuing Vice Chair would to oversee the Chair eletion and conduct Council business. The deadline for the vacant House to designate its Interim Vice Chair is 10 calendar days following the Council meeting at which no Chair was conclusively elected [OR: 14 calendar days following the Council meeting at which no Chair was conclusively elected] [OR: 1 week prior to the next scheduled GNSO Council meeting.] 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? [Note: The previously noted disadvantage would no longer apply if the other House can designate an Interim Vice Chair.] Notes: There were no objections to the Vice Chairs (including an Interim Vice Chair designated by a House) conducting Council business. Question: What is the time limit for the vacant House to to designate an Interim Vice Chair? Note the three options suggested during the call: 1) 10 calendar days after the failed Chair election; 2) 14 calendar days after the failed Chair election; or 3) 1 week prior to the next scheduled GNSO Council meeting. ** ACTION ITEM: Review additional text in red/brackets above and indicate which deadline option you prefer. 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. IPC Suggestion: 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 Councilor, 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. The deadline for each House to designate its Interim Vice Chair is 10 calendar days following the Council meeting at which no Chair was conclusively elected [OR: 14 calendar days following the Council meeting at which no Chair was conclusively elected] [OR: 1 week prior to the next scheduled GNSO Council meeting.] The Designated Interim Vice Chairs will co-chair the Chair election and conduct Council business until such time as a Chair is conclusively elected. Once the election is completed their service in those roles would end. Candidates for Chair will not be eligible to serve as Designated Interim Vice Chairs, to avoid potential conflicts of interest. [However, Interim Vice Chairs are not prohibited from being appointed as continuing Vice Chairs by their respective Houses following a successful Chair election.] 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. Notes: - Strike “non-voting” from the NCA option. - Add "The deadline for each House to designate its Interim Vice Chair is 10 calendar days following the Council meeting at which no Chair was conclusively elected OR: 14 calendar days following the Council meeting at which no Chair was conclusively elected OR: 1 week prior to the next scheduled GNSO Council meeting”. - After “potential conflicts of interest” add, “However, Interim Vice Chairs are not prohibited from being appointed as continuing Vice Chairs by their respective Houses following a successful Chair election." ** ACTION ITEM: Review additional text in red/brackets above and indicate which deadline option you prefer. 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, [the] non-voting NCA will be designated Interim Chair to oversee the election and conduct Council business until such time as a Chair is conclusively elected. The deadline for each House to designate its Interim Vice Chair is 10 calendar days following the Council meeting at which no Chair was conclusively elected [OR: 14 calendar days following the Council meeting at which no Chair was conclusively elected] [OR: 1 week prior to the next scheduled GNSO Council meeting]" IPC Suggestion: 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? Notes: Insert the suggested deadlines for the Houses to designate the Interim Vice Chairs and change reference relating to “the non-voting NCA". ** ACTION ITEM: Review additional text in red/brackets above and indicate which deadline option you prefer. This message and any attachments are intended only for the use of the individual or entity to which they are addressed. 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