- Category: ICANN Structures
- Topic: GNSO Improvements, Bylaws Amendments
- Board meeting date: 27 August 2009
- Resolution number: 2009.08.27.08, 2009.08.27.09, 2009.08.27.10
- URL for Board minutes/resolution: http://www.icann.org/en/minutes/minutes-27aug09-en.htm
- Status: Completed
Denise Michel introduced the GNSO Bylaws Amendments discussion setting forth that some clarifications were made to the proposed bylaws amendments as a result of comments received during the second public comment forum on the proposed amendments.
Margie Milam then presented the final packet of proposed bylaws amendments to the Board, noting that they are the minimum amendments required to create the bicameral house voting structure, establish stakeholder groups and implement some of the key improvements identified in the Board's GNSO Improvement's report. Margie noted that additional series of amendments would be forthcoming to fully implement the restructure, and certain suggested amendments were delayed in order to give the community additional time for consideration. Margie explained that GNSO Operating Rules and Procedures, a Restructuring Implementation Plan and a revision of the Policy Development Process are all under development.
Margie provided the Board with a short description of the comments received during the recent public comment period and the responses thereto. The comments fell into essentially three categories: (1) objections to issues that were already resolved, such as voting thresholds, which staff did not make any further amendments as a result of; (2) clarification of proposed language, addressed in the proposed bylaws as presented to the Board; and (3) more substantive comments that merit further consideration and action, but could not be included in the proposed bylaws amendments at the current time as the community would not have adequate time to consider them. Margie also raised the issue of constituencies in the non-contracted parties house and that some commenters questioned whether the lack of constituencies in the contracted parties house would create a situation where the Board would approve constituencies within the commercial stakeholder group that actually serve interests more aligned with contracted parties. Margie highlighted this as an area that further Board action is required, and noted that the resolution was drafted in a way to address this concern.
Steve Goldstein reiterated his comment from the previous meeting that there needs to be clear statement and reaffirmation that all stakeholder group charters would be reviewed after a year, and that the need for constituencies within the Non-Commercial Stakeholder Group will be reviewed after two years. Steve stated that the Non-Commercial Users Group has raised valid issues, and their recent complaints must be addressed.
The Chair noted his agreement with Steve's comment and directed the resolution to be redrafted to include this item.
Mike Silber also noted his agreement with Steve's comment.
Bruce Tonkin asked for a clarification of the meaning of the word "sector" as set forth in Article 10, Section 3 on the diversity of the GNSO Council. Bruce also raised the issue of needing to more clearly define the definition of the Commercial Stakeholder Group to exclude members of the Registry and Registrar Stakeholder Groups. Bruce noted that these are points that should be clarified in further iterations of the GNSO-related bylaws amendments.
The Chair noted his agreement with Bruce, and that these items should be tracked by staff for clarification as the process moves forward.
Dennis inquired as to why the resolution was so specific regarding the limitation of new constituencies in the Non-Contracted Parties House.
Denise responded that the language was included in response to comments made addressing this issue during the public comment session, to clarify that contracted parties do not belong on the non-contracted side. The issue will be discussed further publicly and will be considered for future bylaws changes.
Bruce noted that this concern was also to address the potential for inclusion of those parties that are aligned with contracted parties, such as service providers, and that the commercial stakeholder group did not believe these supply-side parties are appropriately within the commercial stakeholder group.
...
- Ongoing
Summary
Board approved proposed Bylaws amendments relating to GNSO Improvements, and directed staff to draft and post for public comment additional proposed Bylaws amendments to facilitate the continued transition to the new GNSO structures, processes and mechanisms; Board indicated it will review the structures and operations of Stakeholder Groups and Constituencies in one year and every three years after that.
Text
Whereas, the transition to a new GNSO Council requires Bylaws Amendments to reflect new GNSO structures, processes and mechanisms;
...
Resolved Further (2009.08.27.10) that the Board will review the structures and operations of Stakeholder Groups and Constituencies in one year and every three years after that. All Board Members in attendance unanimously approved of this resolution
Implementation Actions
- Incorporate amendements into Bylaws
- Responsible entity: ICANN Office of General Counsel
- Due date: October 2009
- Completion date: September 2009
- Draft and post additional Bylaws amendments
- Responsible entity: ICANN Policy Staff
- Due date: None specified
- Completion date: Ongoing
- Review structures and operations of GNSO Stakeholder Groups and Constituencies
- Responsible entity: Board
- Due date: September 2010 and every three years thereafter
- Completion date: Ongoing
Other Related Resolutions
- TBD
Additional Information
- No additional funding provided.
- Bylaws as amended available at http://www.icann.org/en/general/archive-bylaws/bylaws-27aug09.htm
- No additional Bylaws amendments related to the GNSO Improvements implementation effort have been proposed since the August 2009 Board meeting, but a number of amendments could be prompted by recommendations growing from substantial activities taking place within the GNSO community as various work teams, steering committees and stakeholder groups continue discussion about how to implement the various improvements recommendations. The process has been complex and long, but substantial community input is producing results.
Explanatory text does not modify or override Resolutions. See Board Resolutions Page for more information.