For Action - Update on GNSO SG and Constituency Charter Activities

[Avri Doria]

Hi,

On 25 Aug 2010, at 02:40, Rosemary Sinclair wrote:

> I’m happy to have a go at incorporating whatever might be “missing” from our Charter…..will be early next week before I get to this

Since the Board SIC sub committee dealing with our charter is trying to come to conclusions real soon now, I presupposed and went ahead and made some changes myself.  I am very grateful for the list made by Amber, as that made it a simpler task.

The latest version of the charter under discussion with the Board SIC sub committee dealing with our charter can be found at:

https://st.icann.org/ncsg-ec/index.cgi?ncsg_charter_board_issue_resolution

Remember you can always use the revisions comparison function to compare the changes since the charter we voted on (which is revision 1 under this file name)

I have excerpted the changes below in response to the issues as outline by Amber.

As always comments, corrections and change recommendations welcome.  

Please don't worry about my standard typos just yet unless they are glaring and make the thing read wrongly.  I will catch them (send me a private note)

a.

> On 10 Aug 2010, at 16:33, Avri Doria wrote:
> 
>> I will be reviewing the NCSG approved charter that is currently being negotiated with the Board to make sure we have dealt with all of the Staff's mandates either by showing where in the charter they are covered or by discussing the need for those requirements with the board members.  for the most part the Staff mandates do stem from Board and GNSO documents, but we must always be careful to read the originals to make sure the Staff interpretation is indeed a reasonable interpretation. 
> 
> the ones i see we need to deal with are:
> 
> (AO- appointing organization, i.e. stakeholder group in the case of the NCSG.)
> 
> From a quick read I see that the following are not covered in the NCSg charter:
> 
> The GNSO structure’s Charter must have clearly identified rules for member eligibility and also specify what each member must do, at a minimum, to maintain active status in that structure’s organization. The Charter should also explain how a member’s rights and privileges are affected by changes in status.

I inserted the following into the draft charter being discussed with the Board:

^^^^ 2.2.8.  Inactive Membership

Before annual elections, the NCSG Chair will be responsible for sending email will be sent out to all members, active or suspended, asking them to update their contact information before the election.  This email will be followed up by an attempt to reach the member by other means, e.g. telephone calls or requests though other contacts.  If, after several attempts to reach a member or their representative, confirmation of contact information cannot be completed, that member will be moved to an inactive members list and an announcement will be made on the public discussion list.   Once on the inactive members list, that member will not be included in the membership count required to establish election results.

An inactive member can be removed from the inactive member's list by updating their contact information.  An inactive member can remain on the inactive list indefinitely.

^^^^ 2.2.9   Loss of Membership

Any member who no longer meets their membership criteria established in this charter is asked to notify the EC and resign their membership.  

In the event that another member believes that membership is held inappropriately by some organization or individual, a request can be made to the EC to review whether the disputed member still meets the criteria for membership.  In doing this review, the EC will review and evidence provided in the complaint and will request a response from the member whose membership is being disputed.  Any decision by the EC on removing membership can be appealed according to the procedures set out in the section of the appeals process (2.4.2.1).  

> 
> All records that the Board asks GNSO structures to maintain must be retained by the structure’s leadership for at least a four-year period to ensure that a full three-year record is available for each renewal/reconfirmation period.

added:

^^^  2.7  Data Retention

The NCSG Chair, the Executive Committee, the Policy Committee, and the Finance Committee are responsible for maintaing any information used in making decisions for at least 4 years.  


> 
> In order to exercise this remedy for an abstention requires that the AO “establish an affirmative or negative voting position” which shall be documented in its charter.  The procedures are silent on the precise method that each AO will utilize in determining whether it has sufficient internal agreement to direct a Councilor’s vote in lieu of abstaining.

I rewrote on paragraph on the duties of representative to cover this.

^^^^ 3.3.1 Participation.

Each NCSG GNSO Council Representative shall actively and faithfully participate with the NCSG membership and its committees and Constituencies, in considering policy issues and in advancing the goals of the NCSG in every aspect of the GNSO Policy Development Process. NCSG GNSO Council Representatives will be expected to attend all GNSO Council meetings unless they give prior notice to the NCSG-PC and GNSO Council. 

Regarding provisions made in the GNSO Council Operating Procedures for absentee or proxy mechanisms, the Council Representatives will be responsible, where possible, for notifying the NCSG Chair with sufficient notice to allow the Executive Committee, as required by those rules, to take advantage of such provisions.  The Executive Committee will be responsible for making decision requiring the appointment of any temporary alternates whether due to absence or abstention.  The Policy Committee will be responsible for making any decisions required on proxy voting or on directed voting, whether by the elected council member or by an appointed alternate, in the case of abstentions for conflict of interest.  Bot the EC and the PS will be responsible for discussing their decision on the public list.  In time allows this discussion should be prior to the decisions, but in those case where it is not possible, this discussion must be done as soon after the decision as possible.

Each NCSG GNSO Council Representative shall represent, within the GNSO Council, ICANN and its activities, the goals and priorities of the NCSG to the best of his/her ability and in accordance with the principle of consensus building. Since the NCSG will represent many different non-commercial viewpoints, the NCSG Council Representatives will not be bound in their GNSO Council votes to any specific NCSG established policy. They will, however, be expected to understand the varied positions in the NCSG and to explain to the membership how their votes are in support of non-commercial interests. NCSG GNSO Councilors should work with the NCSG-PC to attempt to develop NCSG policy positions. NCSG GNSO Councilors are expected to keep the NCSG membership informed of policy issues before the GNSO Council, seek input from the NCSG membership and be responsive to member requests for information on matters pending before the Council.


> 
> To take advantage of this new remedy for an abstention, an AO will need to decide how it intends to select among the proxy alternatives and what internal procedures will apply.  As noted above under Voting Direction, the charter must also document the method to “establish an affirmative or negative voting position.” 

i think this was covered in the rewrite above.

> 
> To utilize the temporary alternate remedy for council member, an AO will need to decide how it intends to select a Temporary Alternate and what internal procedures will apply. 

i think this is covered n the rewrite above.

> 
> AOs may want to add language to their charters emphasizing the duty of Councilors not only to attend meetings; but, in the event that they must miss a meeting, provide adequate advance notice to the GNSO Secretariat.  Two consecutive meetings missed without providing notice causes a “Leave of Absence” to be effectuated. 

We already had language in the charter on attendance.  I think i covered the absence stuff n the rewrite above.

> 
> Charters should contain procedures for replacement of a Councilor as a result of a permanent vacancy (e.g. resignation, removal).  Until a replacement is elected and seated, AOs may utilize the Temporary Alternate remedy. 

Added the following

In the event that a GNSO Council Representatives is unable to finish his or her term, the EC will appoint a temporary GNSO Council Representatives to serve until the next regularly scheduled election.  At that time, a new GNSO Council Representatives will be elected to serve out the balance of the term, if any.

> 
> For the non-contracted parties especially, Staff has previously recommended that each charter contain a recruitment or outreach section emphasizing the Group’s commitment to and processes for growing and developing its membership.

^^^^ 2.2.10  Membership Outreach

It is the responsibility of the EC to establish processes and mechanisms for continuing outreach to the non-commercial registrant and user communities.


> 
> A simple application form should be devised for membership and it should be publicly available on the Group’s website (§2.1.2-e).

added

^^^^ 2.2.10  Membership Outreach

It is the responsibility of the EC to establish processes and mechanisms for continuing outreach to the non-commercial registrant and user communities.  It is the responsibility of the NCSG Chair to insure that there is a working online application mechanism.  This application must include provision for the applicant  to agree to abide by the written rules and regulations, including charters and bylaws, of the NCSG and terms and conditions laid down by it. 


> 
> 1.     Admission criteria should be predictable and objective and not arbitrary or discretionary.  Where eligibility depends on participation in a certain sector of business, then applicants should be entitled to submit evidence of their participation in that sector. 
> 
> 2.     The general membership should be entitled to object to an application for membership provided that such objection is based on predictable and objective membership criteria. Such an objection should be published to the Group members.

I think this was already covered in the charter we voted to approve
> 
> In applying for membership an applicant thereby agrees to abide by the written rules and regulations, including charters and bylaws, of the Group and terms and conditions laid down by it.

Added in the 2.2.10 section quoted above.


a.