Deferrals - Key questions / logic points in order to try to achieve consensus
Key Questions / Issues . Do we permit 1st deferrals? . Do we require a reason / motivation for deferrals? . If a reason is required / provided, is it subject to any test? . Are 1st deferrals automatic or do we subject them to some form of vote / test? . Can a deferral be overruled? If so, what is the condition / test to overrule? . Do we permit 2nd deferrals? . If we permit 2nd deferrals, do we subject them to some form of vote / test? . Do we permit 3rd deferrals? My Answers . Do we permit 1st deferrals? Yes . Do we require a reason / motivation for deferrals? Yes . If a reason is required / provided, is it subject to any test? No, we trust the provider of the reason . Are 1st deferrals automatically granted or do we subject them to some form of vote / test? Yes, they are automatically granted . Can a 1st deferral be overruled? If so, what is the condition / test to overrule? Yes, subject to a request from a councillor and a [supermajority] vote of the council to deny . Do we permit 2nd deferrals? Yes . If we permit 2nd deferrals, do we subject them to some form of vote / test? Yes, 2nd deferral requires a request from a councillor and a [supermajority] vote of the council to permit . Do we permit 3rd deferrals? No. A motion should be voted on or withdrawn at this stage. Note: I use "withdrawn" not "tabled" as tabled in my English, tabled means put forward / submitted not withdrawn
My understanding on that. Key Questions / Issues · Do we permit 1st deferrals? · Do we require a reason / motivation for deferrals?· If a reason is required / provided, is it subject to any test?· Are 1st deferrals automatic or do we subject them to some form of vote / test?· Can a deferral be overruled? If so, what is the condition / test to overrule?· Do we permit 2nd deferrals?· If we permit 2nd deferrals, do we subject them to some form of vote / test?· Do we permit 3rd deferrals? My Answers · Do we permit 1st deferrals? Yes· Do we require a reason / motivation for deferrals? NO at the first deferral motion. (the reason could be anything) but limited to certain time (I think no more than 21 days) · If a reason is required / provided, is it subject to any test? No, we trust the provider of the reason· Are 1st deferrals automatically granted or do we subject them to some form of vote / test? Yes, they are automatically granted· Can a 1st deferral be overruled? If so, what is the condition / test to overrule? Yes, subject to a request from a councillor and a [supermajority] vote of the council to deny - only in cases where the urgency alleged, can be probed · Do we permit 2nd deferrals? Yes· If we permit 2nd deferrals, do we subject them to some form of vote / test? Yes, 2nd deferral requires a request from a councillor and a [supermajority] vote of the council to permit - in this case Councillor who raise deferral motion must show to the council or a) motion had sustantively changed, or b) information for a vote was/is not available, or c) information came after 8 days motion posting. · Do we permit 3rd deferrals? No. A motion should be voted on or withdrawn at this stage. Note: I use “withdrawn” not “tabled” as tabled in my English, tabled means put forward / submitted not withdrawn Carlos Dionisio Aguirre NCA GNSO Council - ICANN former ALAC member by LACRALO Abogado - Especialista en Derecho de los Negocios Sarmiento 71 - 4to. 18 Cordoba - Argentina - *54-351-424-2123 / 423-5423 http://ar.ageiadensi.org From: jonathan.robinson@ipracon.com To: gnso-improvem-impl-sc@icann.org Subject: [gnso-improvem-impl-sc] Deferrals - Key questions / logic points in order to try to achieve consensus Date: Sun, 24 Jun 2012 09:25:25 +0200 Key Questions / Issues · Do we permit 1st deferrals? · Do we require a reason / motivation for deferrals?· If a reason is required / provided, is it subject to any test?· Are 1st deferrals automatic or do we subject them to some form of vote / test?· Can a deferral be overruled? If so, what is the condition / test to overrule?· Do we permit 2nd deferrals?· If we permit 2nd deferrals, do we subject them to some form of vote / test?· Do we permit 3rd deferrals? My Answers · Do we permit 1st deferrals? Yes· Do we require a reason / motivation for deferrals? Yes· If a reason is required / provided, is it subject to any test? No, we trust the provider of the reason· Are 1st deferrals automatically granted or do we subject them to some form of vote / test? Yes, they are automatically granted· Can a 1st deferral be overruled? If so, what is the condition / test to overrule? Yes, subject to a request from a councillor and a [supermajority] vote of the council to deny· Do we permit 2nd deferrals? Yes· If we permit 2nd deferrals, do we subject them to some form of vote / test? Yes, 2nd deferral requires a request from a councillor and a [supermajority] vote of the council to permit· Do we permit 3rd deferrals? No. A motion should be voted on or withdrawn at this stage. Note: I use “withdrawn” not “tabled” as tabled in my English, tabled means put forward / submitted not withdrawn
Dear All: I check Roberts Rules of Order (an online version). I found what I think is a general guideline in Art. V on Subsidiary Motions, Section 31 "To Postpone to a Time Certain or Definitely". The text of this section may be found at http://www.rulesonline.com/rror-05.htm#31. While I in no way believe we should adopt the Roberts Procedure wholesale, I do think we could use the general principals set forth in this section as a guide. My Answers · Do we permit 1st deferrals? Yes, under appropriate circumstances and after a formal motion has been adopted. · Do we require a reason / motivation for deferrals? Yes, during the debate on the motion to defer, the moving party should have to justify its motion with its rationale for seeking a deferral. · If a reason is required / provided, is it subject to any test? No, but it can be challenged during the debate on the motion to defer. · Are 1st deferrals automatically granted or do we subject them to some form of vote / test? No, the moving party's motion must be carried by a vote of the Council. · Can a 1st deferral be overruled? If so, what is the condition / test to overrule? Yes, the Council can vote down the motion to defer. [Query: what is the appropriate threshold?] · Do we permit 2nd deferrals? Yes, again, the party seeking a deferral needs to make a motion that is debated and then voted on by the Council. · If we permit 2nd deferrals, do we subject them to some form of vote / test? Yes. · Do we permit 3rd deferrals? No. j. scott evans - head of global brand, domains & copyright - Yahoo! Inc. - 408.349.1385 - jscottevans@yahoo.com ________________________________ From: Jonathan Robinson <jonathan.robinson@ipracon.com> To: gnso-improvem-impl-sc@icann.org Sent: Sunday, June 24, 2012 12:25 AM Subject: [gnso-improvem-impl-sc] Deferrals - Key questions / logic points in order to try to achieve consensus Key Questions / Issues · Do we permit 1st deferrals? · Do we require a reason / motivation for deferrals? · If a reason is required / provided, is it subject to any test? · Are 1st deferrals automatic or do we subject them to some form of vote / test? · Can a deferral be overruled? If so, what is the condition / test to overrule? · Do we permit 2nd deferrals? · If we permit 2nd deferrals, do we subject them to some form of vote / test? · Do we permit 3rd deferrals? My Answers · Do we permit 1st deferrals? Yes · Do we require a reason / motivation for deferrals? Yes · If a reason is required / provided, is it subject to any test? No, we trust the provider of the reason · Are 1st deferrals automatically granted or do we subject them to some form of vote / test? Yes, they are automatically granted · Can a 1st deferral be overruled? If so, what is the condition / test to overrule? Yes, subject to a request from a councillor and a [supermajority] vote of the council to deny · Do we permit 2nd deferrals? Yes · If we permit 2nd deferrals, do we subject them to some form of vote / test? Yes, 2nd deferral requires a request from a councillor and a [supermajority] vote of the council to permit · Do we permit 3rd deferrals? No. A motion should be voted on or withdrawn at this stage. Note: I use “withdrawn” not “tabled” as tabled in my English, tabled means put forward / submitted not withdrawn
participants (3)
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carlos dionisio aguirre -
J. Scott Evans -
Jonathan Robinson