Dear all,

This is to let you know that the Ombudsman provided some input to the language concerning his potential involvement when a disagreement / conflict happens in a GNSO WG. Per his input, the implementation documents for Improvements #9 & #15 have been updated. You can see the redline edits on #9 document as follows:

1. Added the sentence “Elements of confidentiality may be invoked when the Ombudsman is involved in a proceeding” at the end of the first paragraph about the Ombudsman (Section 3.3 on page 10).
2. Deleted the reference to a previous case when the Ombudsman was involved in a GNSO WG matter (second paragraph in Section 3.3 on pages 10-11).
3. Replaced “lodge a complaint with the Ombudsman” and “bring in the Ombudsman” with “lodge the issue and engage with the Ombudsman” consistently throughout the document.

#15 document reflects the same changes per points 1) & 2) above.

We are waiting for input from ICANN Legal and ICANN Complaints Officer, if any.

Thank you,

Ariel

From: Ariel Liang <ariel.liang@icann.org>
Date: Wednesday, November 13, 2019 at 5:31 PM
To: "gnso-pdp3dot0-dt@icann.org" <gnso-pdp3dot0-dt@icann.org>
Subject: Final Call: Review Improvements $9 & #15 by Wednesday, 20 November

Dear all,

We hope this message finds you well, and hope those who have traveled back home from Montreal had an uneventful trip!

Following the working session on Monday, 4 November, staff have updated the documents for Package 4 Improvements #9 and #15, incorporating input and suggestions received from the Small Team: 

#9 Clarification to Complaint Process in GNSO Working Group Guidelines: https://docs.google.com/document/d/1pIHFupCdXoH3BSgRfu6KbzUm2jt1AQ-_MEk0JeMGU-I/edit?usp=sharing

#15 Independent Conflict Resolution: https://docs.google.com/document/d/1yq__EGRYmicTGEOoZPqh6FdsXWNzFblqWwZkXhPbx7k/edit?usp=sharing

Please provide your final input by COB Wednesday, 20 November. In absence of concerns/objections, staff will coordinate with the Small Team lead to finalize the Package 4 documents and send to the GNSO Council no later than Friday, 22 November.

==

Please note:

Improvement #15 has incorporated all Pam’s suggested edits and the document is now in clean format.

Improvement #9:

• You should be able to see all substantive updates in redline; editorial suggestions have already been accepted directly (e.g., replacing “dispute” with “disagreement” throughout the document).
• Per action items from the 22 October meeting, staff also shared the draft document with the Ombudsman, ICANN Legal, Conflict Resolution Specialist, and Complaints Officer, seeking feedback (if any) for the proposed language about their potential roles in Section 3.7 complaint proceedings. The Conflict Resolution Specialist already provided updated/approved language regarding her job duty/mandate, which has been incorporated in redline. Any further feedback received from the Ombudsman, ICANN Legal, and Complaints Officer should be reflected in the documents for both #9 and #15 for consistency purpose. 
• Improvement #9 also includes a briefing document on the concept of consensus in PDP. This briefing document does not require additional work/review by the Small Team, as it will be absorbed by the consensus playbook to be developed by the external vendor for Improvement #4.

Thank you,

Julie & Ariel