[registrars] By-Law Update
Attached is a revised copy of the proposed by-law amendments. Please review. Because of the numerous mark-ups it is rather difficult to read that is why I have reproduced the text as part of the ballot. Included below is a draft ballot that will be circulated if approved. If there are no substantive issues with this marked-up by-laws per our last teleconference and there are no problems with the ballot, I would like voting to begin tomorrow and end by next Sunday. If all goes according to plan, we will open up nominations for the new elected positions next week. Best regards, Mike In revising these by-laws in accordance with last week's teleconference, I have added a new definition for defining a "registrar". In Berlin there was much debate as to how to define a registrar. ICANN accredited seemed like the most logical choice but NSI, which at that time refused to recognize ICANN's authority at that time protested. The reason I propose amending this to be ICANN accredited registrars is based on several reasons. First, several of the registry applicants last fall proposed models that excluded ICANN accredited registrars from interfacing with the registry. Therefore those parties that the registry authorized to write to the master registry would be eligible for inclusion into the constituency with the power to vote on substantive issues that impact us directly. For example, in .COOP's application (one of the conditionally approved TLDs), they do not propose using ICANN accredited registrars in the beginning phases of their roll-out. Second, in light of the reassignment of .EDU to EDUCAUSE, any parties that EDUCAUSE potential authorize to make entries into the .EDU database would again be eligible for inclusion into the constituency. ISSUE #1: Should the by-laws Membership Section be amended as proposed below to include a revised more succinct eligibility requirement as listed below. This replaces the more complex language when the constituency was initially formed and NSI was not part of the ICANN family. 1. Eligibility Only ICANN accredited registrars are eligible for membership in the Registrar Constituency. [ ] Yes [ ] No ISSUE #2: Should the by-laws Membership Section be amended as proposed below to more clearly define the role of Observers in the constituency. 2. Observers The Registrar Constituency encourages and welcomes the participation of registry and registrar resellers, agents and other entities providing domain-name registration services as well as the views of domain name registrants. The Registrar Constituency endeavors to make its activities open to the public review where feasible and mot inconsistent with the Constituency's best interest. ISSUE #3: Should the by-laws Organization and Structure Section be amended to provide for the followed elected position "Chair" with the following duties: a. Chair I. Provide Constituency leadership and acting as spokesperson for the Constituency. II. Chair meetings and teleconferences III. Facilitate concensusconsensus on policy issues, as appropriate IV. Represent Constituency on Constituency policies and other items that have received Constituency consensus. [ ] Yes [ ] No ISSUE #4: Should the by-laws Organization and Structure Section be amended to provide for the amended duties for the "Secretariat": b. Secretariat I. Take and maintain minutes of meetings II. Outreach to new registrars about joining Constituency III. Monitor, report and make recommendations regarding legislation and regulations affecting the registrar community IV. Manage regular newsletter to registrar Constituency and the registrar Constituency web site. V. Facilitate communications of the registrar Constituency. [ ] Yes [ ] No ISSUE #5: Should the by-laws Organization and Structure Section be amended to provide for the followed elected position "Treasure" with the following duties: c. Treasurer I. Manage Constituency bookkeeping and accounting. II. Prepare annual Constituency budget. III. Act as liaison with ICANN and Names Council budget staff and budget committee. IV. Assess and collect membership fees. V. Make recommendations for Constituency budget. [ ] Yes [ ] No ISSUE #6: Should the by-laws Organization and Structure Section be amended to provide for the followed elected position "Technology Officer" with the following duties: d. Technology I. Monitor and report to the Constituency on technical issues relating to domain name system, including registries’ compliance with Registry Service Level Agreements (SLAs), developments within IETF, and other technical developments (e.g., multilingual testbed). II. Facilitate Constituency consensus on technology issues. III. Monitor and make recommendations regarding SLAs. [ ] Yes [ ] No ISSUE #7: Should the by-laws Organization and Structure Section be amended to delete old references to "interne" Names Counsel election provisions (no longer applicable) and substitute the following provision with new additional requirement for proxy mandate: 3. The Registrar Names Council Members a. The three Names Council representatives will act as Registrar Constituency representatives and not as those of their respective entities or organizations. As far as it is practical, Names Council representatives shall consult all relevant matters and decisions with the Registrar Constituency. b. Names Council representatives shall be required to provide a proxy before each Names Council to the Names Counsel Secretariat with a copy forwarded to the Secretariat of the Registrar Constituency. The Registrar Constituency Secretariat shall ensure that he/she has a verification of all proxies twenty-four (24) hours prior to the Names Counsel teleconference. [ ] Yes [ ] No ISSUE #8: Should the by-laws Organization and Structure Section be amended to delete old references to eligibility & terms and substitute the following consolidated provision for all elected offices: 4. Eligibility & Length of Term a. Only representatives from a Registrars Constituency member in good standing can stand for election. b. The length of all elected terms are for two-years. c. An elected representative can only serve two consecutive two-year terms for the same position. [ ] Yes [ ] No NOTE: The by-laws shall remain silent on the staggering of elections and what happens if someone cannot complete an entire term. I propose incorporating this provision in a latter by-law revision since these current ballot is already rather extensive. ISSUE #9: Should the by-laws Organization and Structure Section be amended to recognize Constituency Task Forces: 6. Constituency Task Forces From time to time a Task Force may be commissioned by the Constituency to conduct research on a specific topic of interest to the Constituency. Such Task Forces will better enable the Constituency to stay abreast of the developments within the DNSO and ICANN. [ ] Yes [ ] No ISSUE #10: Should the by-laws Voting Section be amended to provide for a standard voting window where reasonable? 4. The Constituency will endeavor to provide a standard seven (7) day voting on all substantive issues. [ ] Yes [ ] No ISSUE #11: Should the by-laws Voting Section be amended to provide for suspension of a member's voting rights for excessive late payment (60 days after billing): 5. Non-payment by any Constituency member of required Constituency fees for a period of sixty (60) days or more after the due date of such fees will result in the suspension of that member’s voting privileges. [ ] Yes [ ] No ISSUE #12: Should the by-laws Voting Section be amended to provide for all voting to be public where reasonable? 6. The Constituency will endeavor to make all voting public. [ ] Yes [ ] No Registrar Bylaws Revised-markup.doc |