[NCUC-DISCUSS] [Important] NCUC Bylaws amendment consultation process
Raoul Plommer
plommer at gmail.com
Fri Sep 9 07:45:57 CEST 2016
This might be completely off course, but should we have a way to kick out
passive members, who haven't done anything for ... one or two years? That
ten percent could become unattainable eventually.
-Raoul
On 9 September 2016 at 02:59, Rafik Dammak <rafik.dammak at gmail.com> wrote:
> 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
>
> _______________________________________________
> Ncuc-discuss mailing list
> Ncuc-discuss at lists.ncuc.org
> http://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss
>
>
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