[NCUC-EC] Fwd: Info Sharing - Process For Board Review of GNSO Community Charter Amendments

[Rafik Dammak]

Hi everyone,

I am sending here the memo from Rob about charter amendment process.
let's prepare for starting of the consultation process for next Monday as
agreed in our last EC call:
- draft the announcement explaining the rationale
- sharing the clean version of draft document,  in suggestion mode
- explaining the timeline, NCUC process and ICANN process for charter
amendment.

our target remains to finish this by Hyderabad and that will also impact
our NCUC election schedule.

Best,

Rafik

---------- Forwarded message ----------
From: Robert Hoggarth
Date: 2016-08-09 0:44 GMT+09:00
Subject: Info Sharing - Process For Board Review of GNSO Community Charter
Amendments
To: Maryam Bakoshi
Cc: Rafik Dammak , Benedetta Rossi


Dear Maryam,



Rafik asked me to supply the NCUC Executive Committee with the details of
the process for ICANN Board review of GNSO community charter amendments.
Please pass this note on to the Executive Committee list as appropriate.



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



>From my observations the last few years, the timing of the community
amendment development process (Phase 1) can vary widely depending on many
individual community factors and can go very quickly or take a long time.
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.org 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



Staff is available to support, assist and/or advise the NCUC in any phase
of the amendments process and I would be happy to further brief the
committee about this process and answer any questions anyone might have.



Best regards,



Rob Hoggarth
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