Bylaws Revision 2016

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.

Meeting Records:

17 October 2016: transcript | mp3 | notes

8 November 2016: NCUC Bylaws Meeting (agenda | transcript | audio stream | virtual meeting room stream | ac chat | document | differential)

Timeline & Process

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

  •   Call for inputfirst reading from 9th September till 8th October (Initial  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 [adjusted to 18th November]
  •   Final draft ready by 13th November [adjusted to 18th November] ,  Final Version (Google Doc) , Final Version NCUC Website
  •   Voting in parallel with NCUC election (tentative dates 21 Nov. – 4Dec) 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 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:

  1. 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.
  2. 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@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:

  1. Recognize the proposed charter amendment by a simple majority vote; or
  2. Reject the proposed amendment by a supermajority (2/3) vote and provide a specific rationale for its concerns.
  3. 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

Documents

Voting Results

From the voters list, 208 votes were registered, 93 did not vote.

NCUC Bylaws approval:

182 votes   Approve
32 votes   Reject

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