[ALAC-Announce] Public Comment:GNSO Structures Charter Amendment Process

[At-Large Staff]

http://www.icann.org/en/news/public-comment/structures-charter-22jun13-en.ht
m 
<http://www.icann.org/en/news/public-comment/structures-charter-22jun13-en.h
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GNSO Structures Charter Amendment Process
Comment / Reply Periods (*)
Comment Open Date: 22 June 2013
Comment Close Date: 28 August 2013 - 23:59 UTC
Reply Open Date: 29 August 2013
Reply Close Date: 18 September 2013 - 23:59 UTC
Important Information Links
Public Comment Announcement
<http://www.icann.org/en/news/announcements/announcement-2-22jun13-en.htm>
To Submit Your Comments (Forum)
<mailto:comments-structures-charter-22jun13 at icann.org>
View Comments Submitted
<http://forum.icann.org/lists/comments-structures-charter-22jun13/>
Brief Overview
Originating Organization:
ICANN Board: Structural Improvements Committee (SIC)
Categories/Tags: 
* Reviews/Improvements
Purpose (Brief): 
To solicit community feedback concerning a formalized process, proposed by
the Board's Structural Improvements Committee (SIC), for amending GNSO
Stakeholder Group and Constituency Charters.

Current Status: 
After multiple iterations and thorough discussion by its members over
several months, the SIC has approved a recommendation that a proposed GNSO
Charter Amendment Procedure (described below) be posted for public comment.

Next Steps: 
Upon receipt and review of community feedback pursuant to this solicitation,
the SIC will determine if any substantive changes to the proposed procedure
are advisable and will subsequently consider requesting ICANN Board approval
of the process.

Staff Contact: 
Robert Hoggarth
Email Staff Contact
<mailto:policy-staff at icann.org?subject=More%20information%20on%20the%20GNSO%
20Structures%20Charter%20Amendment%20Process%20public%20comment%20period>
Detailed Information
Section I: Description, Explanation, and Purpose:
The ICANN Bylaws (Article X, Section 5.3) state, "Each [GNSO] Stakeholder
Group Š and each of its associated Constituencies shall maintain recognition
with the ICANN Board."  During this time of significant organizational
changes within ICANN and its GNSO community, it is important that
Stakeholder Groups and Constituencies have the flexibility to update, modify
and evolve their charters so that those governing documents remain accurate
and viable. There is currently no formalized procedure for a GNSO
Stakeholder Group or Constituency to request recognition by the ICANN Board
of Directors for a charter amendment. To address this procedural gap, the
Board¹s Structural Improvements Committee (SIC) has formulated a process
(below) that is intended to accommodate the periodic need to amend charter
documents with the ICANN Bylaws requirement for formal validation by the
Board.
GNSO Structures Charter Amendment Process ­ As Proposed
Phase I: Amendment Preparation
GNSO Stakeholder Groups (SGs) and Constituencies should formulate charter
amendments through their own internal processes and notify
policy-staff at icann.org <mailto:policy-staff at icann.org>  upon initiation of
such efforts. [Note: If the SG Charter requires it, proposed amendment(s) to
Constituency Charters must first be submitted to the applicable SG for
review and evaluation before being forwarded to Staff and Board.]
Phase II: Staff Review
Upon receipt of the proposed amendment(s), ICANN Staff will analyze the
proposal and, within 10 business days, submit the community proposal with a
report to the Board identifying any fiscal or liability concerns.
Phase III: Public Comments
After Board review of the Staff report and the proposed charter amendments,
the Board will direct the opening of a Public Comment Forum. Upon its
completion, within 30 calendar days, Staff will provide a report summarizing
the community feedback.
Phase IV: Board Review
At the next available opportunity after the publication of the Staff report
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.
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.

Section II: Background:
In July 2009, as part of the comprehensive GNSO Improvements program, the
ICANN Board approved the formal Charters of four new GNSO Stakeholder Groups
(SGs) (see ICANN Board Resolution 2009.30.07.09). A Constituency Charter
reconfirmation effort was initiated by a Board resolution at its 1 October
2008 meeting and discontinued in 2009 in favor of a new regular review
cycle.

During the intervening three years or so, there had been no additional
formal charter activity until May 2012 at which time the Registry
Stakeholder Group (RySG) submitted a set of changes to its charter. After
discussing the substance of the RySG's amendments, the Structural
Improvements Committee (SIC) determined that a process should exist that
would cause charter amendments to be formally reviewed not only by the
Board, but the ICANN community as well before being finalized.

The SIC has now asked the staff to seek community review and comment on the
proposed process outlined above.

Section III: Document and Resource Links:
None

Section IV: Additional Information:
* SIC Meeting Minutes - 6 April 2013
<http://www.icann.org/en/groups/board/documents/minutes-bsic-06apr13-en.htm>
* SIC Meeting Minutes - 28 March 2013
<http://www.icann.org/en/groups/board/documents/minutes-bsic-28mar13-en.htm>
* SIC Meeting Minutes - 31 January 2013
<http://www.icann.org/en/groups/board/documents/minutes-bsic-31jan13-en.htm>

(*) Comments submitted after the posted Close Date/Time are not guaranteed
to be considered in any final summary, analysis, reporting, or
decision-making that takes place once this period lapses.

------------------


Heidi Ullrich, Silvia Vivanco, Matt Ashtiani, Gisella Gruber, Nathalie
Peregrine and Julia Charvolen
ICANN Policy Staff in support of ALAC
E-mail: staff at atlarge.icann.org


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