[ALAC] Motion to amend Rules of Procedure

Thu Aug 18 15:05:27 UTC 2016

Thanks Tijani. Alan 
-- 
Sent from my mobile. Please excuse brevity and typos.

On August 18, 2016 8:53:50 AM EDT, Tijani BEN JEMAA <tijani.benjemaa at topnet.tn> wrote:
>Alan,
>
>There are 3 small corrections that I propose:
>2.     Defined Terms: Empowered Community (EC): I think that the
>definition is not that accurate
>32.1 There is an « of » missing between « expiration » and « the IANA »
>
>23.2 the SO/AC comprised in the EC are not selected. They chose
>themselves to participate in the EC or not.
>
>So I propose to make the following modifications:
>
>2.     Definition of the Empowered Community (EC):
>			As part of the accountability mechanisms accompanying the transition
>of the IANA Functions stewardship from the NTIA to the
>multi-stakeholder community, the Empowered Community is the sole
>designator of ICANN and which is composed of the SOs and Acs that
>accepted to participate in the ICANN new decision making system.
>
>23.1 
>			The provisions of Section 23 will only come into effect if and when
>the ICANN Bylaws adopted by the ICANN Board on 27 May 2016 are deemed
>to be effective as per ICANN Board Resolutions
>2016.05.27.01-2016.05.27.04. This will occur upon the expiration of the
>IANA Functions Contract between ICANN and United States Department of
>Commerce National Telecommunications and Information Agency (NTIA). 
>
>23.2
>			The revised ICANN Bylaws bring into existence the Empowered
>Community (EC) comprised of the ICANN Supporting Organizations and
>Advisory Committees that accepted to participate in the new new
>decision making system.
> 
>
>-----------------------------------------------------------------------------
>Tijani BEN JEMAA
>Executive Director
>Mediterranean Federation of Internet Associations (FMAI)
>Phone: +216 98 330 114
>            +216 52 385 114
>-----------------------------------------------------------------------------
>
>
>> Le 18 août 2016 à 05:54, Alan Greenberg <alan.greenberg at mcgill.ca> a
>écrit :
>> 
>> In Helsinki, the ALAC approved a number of changes to its Rules of
>Procedure (RoP) related to the selection of the At-Large Director
>(ICANN Board Seat 15). Due to lack of time, a number of other changes
>were not discussed or approved. These we discussed during the ALAC
>teleconference on 26 July. Most of these changes elicited no negative
>comments but one, a formalization of current ALAC Leadership Team (ALT)
>practices, did result in a number of comments.
>> 
>> Also discussed in Helsinki and briefly on the July ALA teleconference
>were changes that are required to support the ICANN Empowered Community
>(EC). The EC will come into being when and if the ICANN Bylaws adopted
>by the Board on 27 May go into effect. This will happen when and if the
>IANA transition is completed with the expiration of the IANA Functions
>Contract between the NTIA and ICANN. The NTIA announced this week that
>it intended to let the contract expire at the end of September.
>Presuming this process is not halted due to some extraordinary action
>within the US Government, the contract will expire on 30 September, the
>new Bylaws will be triggered and the EC will exist, and the ALAC must
>be able to function within it.
>> 
>> As discussed, I convened a small group composed of those within our
>community most knowledgeable about the EC and its accountability
>measures. This group was comprised of the five ALAC Members of the
>CCWG-Accountability (me, Tijani, Cheryl, Sébastien and Leon) as well as
>Seun and Olivier, both of who devoted much time to participating in the
>CCWG and understanding all of the issues. It was agreed that we would
>use a minimalist approach to ensure that the ALAC could fulfill its
>duties. It may be that at some point in the future we revisit these
>rules, but for the moment, and given the tight time lines, a simple
>approach was the wisest path to follow.
>> 
>> The group did discuss whether the Chair or someone else should
>represent the ALAC on the EC. It was felt that the default should be
>the Chair because: a) there is no real power associated with the
>position; b) there is are already detailed measures in the RoP to
>control the accountability of the Chair, and to remove the Chair if
>there is some gross misuse of the EC power (as implied in the CCWG_ACCT
>recommendations)
>> 
>> The RoP revision includes three sets of changes.
>> 
>> 1. The revisions previously presented for the Helsinki meeting,
>deferred, and then discussed on 26 July. The section on ALT practices
>has been largely re-written to address the issues raised. In
>particular: a) there is no longer any reference to past ALAC Chairs,
>but a more generic reference to other who might be invited to
>participate; b) there is no longer a reference to guests invited at the
>"sole discretion" of the Chair - this decision like all other ALT
>decision will be made collegially; c) it is clarified for the purposes
>of full transparency, that any ALT decisions are made solely by the
>five regional representatives and not by the Liaisons or other invited
>people.  
>> 
>> 2. Two small changes to the Director selection section to address a
>possible case of a tied vote that had been accidentally omitted, and to
>clarify that the BMSPC is composed of ten regional representatives plus
>a Chair (it previously was not clear if the Chair was one of the ten).
>> 
>> 3. The changes associate with the EC.
>> 
>> According to the RoP section 13.1.1, a motion to amend the rules must
>be made 21 days in advance. Accordingly, I am opening this discussion
>of the proposed RoP Revision. Subject to the discussion, a vote of the
>ALAC will be taken after the 21 day period elapses (09 September).
>> 
>> I am proposing that we adopt these changes in a single vote. However,
>if any ALAC Member wishes that we segregate out particular changes for
>a separate vote, that will be done (presuming each package of revisions
>can stand on its own).
>> 
>> 
>> I hereby make the following motion and ask that another ALAC Member
>second it.
>> 
>> Whereas the At-Large Advisory Committee is currently operating under
>Rules of Procedure (RoP) approved on 20 June 2016;
>> 
>> Whereas a number of changes to these (RoP) have been recommended to
>correct errors, clarify specific rules, enhance transparency and
>implement the ICANN Empowered Community;
>> 
>> Therefore;
>> 
>> The ALAC adopts the attached revisions to the ALAC Rules of
>Procedure.
>> 
>> -----------------------------
>> Also attached is a detailed log describing each change and the
>rationale for it.
>> 
>> This motion and the final RoP adopted by the ALAC may be amended as
>agreed to by the ALAC prior to final adoption. Final adoption will
>require a super-majority (2/3) vote of the ALAC.
>> 
>> 
>> 
>> <ALAC RoP-Revision3-DRAFT_2.0-20160817.pdf><ALAC
>RoP-Revision_3-Log.pdf>_______________________________________________
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>> 
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