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

Mueller, Milton L milton at gatech.edu
Wed Sep 7 15:47:34 CEST 2016


This is very good. I have one minor comment:


1.       The link to the document is very small, way down in the message and not prominent (The clean version of draft is shared in  google doc here<https://docs.google.com/document/d/1wYP4-JGKA_u6QligvViBkygzj8Q62kmFF-ky5XSWWDU/edit?usp=sharing>…) Please put a link to the document in the bullet point “Call for input, first reading…” preferably as a separate line under that bullet. Such as:


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




From: Rafik Dammak [mailto:rafik.dammak at gmail.com]
Sent: Tuesday, September 6, 2016 11:43 PM
To: Farzaneh Badiei <farzaneh.badii at gmail.com>; Mueller, Milton L <milton at gatech.edu>; Caribe Joao Carlos <caribe at entropia.blog.br>; Grace Githaiga <ggithaiga at hotmail.com>
Cc: ncuc-ec at lists.ncuc.org
Subject: Re: [NCUC-EC] Fwd: Info Sharing - Process For Board Review of GNSO Community Charter Amendments


Hi ,

please find out my draft for the announcement, I need your comments and input here. the announcement should be clear and exhaustive.
we need also to work on the voting procedure and other details. In term of process, I don't think there will be any objection when the announcement will be shared and we can respond to that.

we will confirm in EC list regarding the announcement starting the process.

Best,

Rafik
==============================================

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 work. I want to thank everyone who participated on the previous efforts.

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

·        Call for input, first reading from 9th September till 8th October
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 Octobe 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 (date TBC)
  *     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  Excellence 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) 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 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<mailto: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<http://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

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

2016-09-05 20:48 GMT+09:00 farzaneh badii <farzaneh.badii at gmail.com<mailto:farzaneh.badii at gmail.com>>:
Hi Rafik,

Thanks for all this work. on the first item, "  - call for input, first reading from 8th September till 8th October"
We need to clarify that we will attend the comments and suggested amendments when we receive them i.e. from 8th Sept to 8th Oct, and also we will have conference calls if  needed ( again during 8th sept to 8th Oct). I know you stated this in the working method but perhaps we could also say something short next the task : something like this

 "  - call for input, first reading from 8th September till 8th October" , [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]


I can be the penholder/editor.

I think working methods as you laid out are really good. Thank you

Best

Farzaneh




On 5 September 2016 at 13:33, Rafik Dammak <rafik.dammak at gmail.com<mailto:rafik.dammak at gmail.com>> wrote:
Hi everyone,

my proposal for adjusted timeline for the charter review:

- draft timeline :
  - call for input, first reading from 8th September till 8th October
  - first resolution of comments  during the first consultation so we can initiate the second reading quickly
  - call for input, second reading for amended draft 9th October to 9th November
  - consultation about the charter during NCUC ad-hoc meeting in hyderabad TBC
  - Final call : 9th November to 12th November , to take note of any objections
  - Final draft ready by 13th November
  - planning the voting in parallel with NCUC election (tentative dates 14 Nov. - 27) to adopt the new charter. if needed we can adjust the election period a little bit
  - informing the ICANN staff about the new charter, process with ICANN board/staff/OEC starts

we will send announcement in Wednesday explaining the process and timeline, including the clean version in google doc in comment mode and redline version attached, we may set the procedures in coming days about voting the the charter according the threshold in the current one

as reminder I suggested also:

working methods: sharing a google doc, for those who cannot access we can provide a doc version. comments are encouraged to be made in the google doc but discussion can happen in NCUC list. We need volunteers from EC to handle comments and to play the editors role . the editors should ensure that those comments are responded and reflected in the document. I suggest Farzaneh to be the penholder or editor .

during each readings, we will try to resolve comments, explain rationale behind amendments. we will keep a clean version as output from a reading . the document will be in suggestion mode and keep trace of comments.

we will organize a (monthly) confcall during each reading/consultation to respond to questions and resolve pending issues, in addition to session in Hyderabad meeting (pending the approval of meeting request)

We will organize a Q&A call about the process and inviting Rob to clarify about ICANN process side. We will create a page in our website to document the process and keep the documents there


need your feedback and comment soon.

Best,

Rafik

2016-08-10 11:12 GMT+09:00 Rafik Dammak <rafik.dammak at gmail.com<mailto:rafik.dammak at gmail.com>>:
Hi Farzi,

I propose

- to draft the announcement composed of rational and explaining the background (Acknowledging the previous attempts and efforts, that we used their outputs, what drafting  team did), also sharing relevant info and links  . this should be ready by this weekend
- sharing the clean version against current charter (well-formatted and read-proofed)
- draft timeline :
  - call for input, first reading from 15th August till 15th September
  - first resolution of comments 16th September to 23rd September
  - call for input, second reading for amended draft 23rd September to 23rd October
  - Final call : 23rd October to 30th October , to take note of any objections
  - Final draft adapted by 5th November (during ICANN meeting)
  - planning the voting in parallel with NCUC election (dates TBC) to adopt the new charter
  - informing the ICANN staff about the new charter, process with ICANN board/staff/OEC starts

working methods: sharing a google doc, for those who cannot access we can provide a doc version. comments are encouraged to be made in the google doc but discussion can happen in NCUC list. We need volunteers from EC to handle comments and to play the editors role . the editors should ensure that those comments are responded and reflected in the document

during each readings, we will try to resolve comments, explain rational behind amendments. we will keep a clean version as output from a reading . the document will be in suggestion mode and keep trace of comments.

we will organize a (monthly) confcall during each reading/consultation to respond to questions and resolve pending issues.

We will organize a Q&A call about the process and inviting Rob to clarify about ICANN process side. We will create a page in oru website to document the process and keep the documents there

it is quite agressive and time-consuming work but it need to be done.

Best,

Rafik


2016-08-10 8:14 GMT+09:00 farzaneh badii <farzaneh.badii at gmail.com<mailto:farzaneh.badii at gmail.com>>:
Hi Rafik,

Thanks. I think we should provide the rationale and perhaps schedule a meeting with the members and Rob and us to clarify questions.

Best

Farzaneh

On 9 August 2016 at 01:37, Rafik Dammak <rafik.dammak at gmail.com<mailto:rafik.dammak at gmail.com>> wrote:
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<mailto: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<http://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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--
Farzaneh





--
Farzaneh

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