[ALAC] Motion to amend Rules of Procedure

Jimmy Schulz jimmy.schulz at digital-guerilla.org
Mon Aug 22 07:55:26 UTC 2016


I support that mtion with the changes and comments from Tijani.

Am 18.08.16 um 14:53 schrieb Tijani BEN JEMAA:
> 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
>> <mailto: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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