[NCUC-DISCUSS] [Important] NCUC Bylaws amendment consultation process

Fri Sep 9 01:59:40 CEST 2016

Hi everyone,

I am glad to share with you this important announcement, on behalf of NCUC
EC, to start the NCUC Bylaws change process.

There were previously several attempts to amend the bylaws/charter to
update it and align it with NCSG charter. For this time and as the bylaws
allowed it, the NCUC EC decided to work as drafting team and propose an
amended draft version for consultation based on previous drafting teams and
volunteers work. I want to thank everyone who participated on those
precedent efforts.

In term of timeline, we are going to follow this basically:

   -   *Call for input*, *first reading* from *9th September till 8th
   Octobe*r

NCUC Charter Amendments
<https://docs.google.com/document/d/1wYP4-JGKA_u6QligvViBkygzj8Q62kmFF-ky5XSWWDU/edit#heading=h.30j0zll>
 First Draft

NB During this time, the EC will regularly monitor the doc for questions
and comments and attempts to resolve them. Teleconferences can be held as
well to resolve issues and update members on our progress

   -   *First resolution of comments* 8th October to 9th October by NCUC EC
   -   *Call for input, second reading* for amended draft,  *9th October to
   9th November*
   -   *Consultation about the charter during NCUC ad-hoc meeting* in
   Hyderabad (tentative date is 6th November)
   -   *Final call* : *9th November to 12th November* , to take note of any
   objections
   -   *Final draft ready* by *13th November* to be approved by NCUC EC
   -  * Voting *in parallel with NCUC election (tentative dates *14 Nov. -
   27 Nov*) to adopt the new charter.
   -   *When adopted*, informing the ICANN staff about the new charter,
   process with ICANN board/staff/OEC (Organizational  Effectiveness
   Committee) starts. That process is outlined and explained at the bottom

As working method, we are going to follow this:

   - The clean version of draft is shared in  google doc here
   <https://docs.google.com/document/d/1wYP4-JGKA_u6QligvViBkygzj8Q62kmFF-ky5XSWWDU/edit?usp=sharing>
and
   you can find the attached redline version to see the changes. For those
   who cannot access we can provide a doc version and will input their
   comments on their behalf. The google doc is in comments mode (and keeping
   trace of the discussion, please identify yourself when you comment) and
   your input is highly  encouraged to be made there  but discussion can
   happen in NCUC list.
   - Farzaneh as EC member will be the editor/penholder. The EC will
   respond to the comments and try solve any issue or questions.
   - During each readings, we will try to resolve comments, explain
   rationale behind amendments. We will keep a clean version as output from a
   reading .
   - We will organize  conference calls during each reading/consultation to
   respond to questions and resolve pending issues, in addition to a dedicated
   session in Hyderabad ICANN meeting (where remote participation channels
   will be provided too)
   - We will organize a first a Q&A call about the process and to clarify
   about ICANN process side. We will create a page in our website to document
   the process and keep the documents there for tracking.
   - The NCUC EC will respond to questions/inquiries in the mailing list.

*Adoption process*

according to section VIII of the current bylaws, to amend the bylaws we
need:

*A.            Changes to this charter may take place by vote of the
Members. Changes may be proposed by the Executive Committee or by petition
of the Members. A petition of ten (10) percent of the then-current members
shall be sufficient for putting a charter amendment on the ballot for
consideration at the next regular election. Alternatively, the Executive
Committee by majority vote may propose an amendment for consideration at
the next regular election.*

*B.            Charter amendments shall be passed if at least two thirds of
the votes cast in the election favor its adoption (provided 40% or more of
the eligible Voters cast a ballot in the election).*

the voting/election period will take this on consideration (under
discussion currently) with regard to the ballot and procedures to be
defined by the NCUC EC.
*Board/OEC process:*

At a high level, the GNSO Charter Amendment Process involves a total of
four basic phases

·      Amendment preparations and approval by the charter-amending
community;

·      Staff review and analysis of amendments for potential ICANN
organization impacts;

·      Review of amendments and opportunity for comment by the
multistakeholder community; and

·      Full Board review and action

According to ICANN staff, the entire Board review process (which involves
the last three phases of the process) seems to now be taking about 6 or 7
months (calculating from the formal submission of the amendments to
staff).  The specifics of the process look like this:

*SUMMARY OF GNSO CHARTER AMENDMENT PROCESS (Excerpts)*

*On 28 September 2013, the ICANN Board established a process for the
amendment of GNSO Stakeholder Group and Constituency Charters. That process
is as follows:*

*Phase I: Amendment Preparation*

*GNSO Stakeholder Groups (SGs) and Constituencies should formulate charter
amendments through their own internal processes and notify ICANN Staff as
early as practicable (at **policy-staff at icann.org <policy-staff at icann.org>)
upon initiation and completion (approval) of such efforts.*

*Phase II: Staff Review*

*Upon formal receipt of the proposed amendment(s) approved by the community
group, ICANN staff will analyze the proposal and, within 10 business days,
submit the community proposal with a report to the appropriate Board
committee identifying any fiscal or liability concerns.*

*Phase III: Public Comments*

*After Board committee review of the Staff report and the proposed charter
amendments, the Board committee will direct the opening of a Public Comment
Forum. Upon completion of the Forum, within 30 calendar days, staff will
provide a report to the Board committee summarizing the community feedback.*

*Phase IV: Board Review*

*At the next available opportunity after the delivery and publication of
the staff report, the appropriate Board committee shall review the proposed
charter amendments, the staff report and any community feedback and make a
recommendation to the Board.*

*After receiving a recommendation from the committee, the Board shall
either:*

*a.     **Recognize the proposed charter amendment by a simple majority
vote; or*

*b.     **Reject the proposed amendment by a supermajority (2/3) vote and
provide a specific rationale for its concerns.*

*c.     **If neither above condition is met, the Board will ask for further
explanation of the proposed amendments by the community.*

*In its review of the proposed amendments, the ICANN Board may ask
questions and otherwise consult with the affected SG or Constituency. If it
is not feasible for the Board to take action on the proposed amendments
after two meetings, the Board shall report to the affected SG or
Constituency the circumstance(s) that prevented it from making a final
action and its best estimate of the time required to reach an action. That
report is deemed an "action" under this process. If it is not feasible for
the Board to take action on the proposed amendments after four meetings (or
after a total of six scheduled meetings), the proposed community amendments
will be deemed effective.*

The full process is posted on the ICANN GNSO web site at the bottom of this
page –http://gnso.icann.org/en/about/stakeholders-constituencies.  A pdf
version of the process can be viewed and downloaded from this link -
http://gnso.icann.org/en/about/stakeholders-constituencies
/charter-amendment-process-28sep13-en.pdf

Please feel free to ask any question or clarification about the process and
the bylaw draft. We need everyone participation in this process.

Best Regards,

Rafik Dammak

NCUC chair
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