[registrars] Ballot
Attached is a final copy of the proposed by-law amendments. 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. Unless there are any objections, I now open a 7 day voting period on the following issues. If anyone has any questions or comments please do not hesitate to contact me via email or phone (561) 744-6453. Best regards, Mike 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 attendance 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 and substitute the following consolidated provision for all elected offices: 4. Eligibility & Length of Term OPTION A(1): Only representatives from a Registrars Constituency member in good standing can stand for election. OPTION A(2): Only individuals who are accredited operational registrars, or are employed or nominated by accredited operational registrars may be elected to an Elected Officer position. [ ] Option A(1) [ ] Option A(2) [ ] Further Clarification needed NOTE: On the last teleconference there was some debate on the wording of this provision that is why I have provided both options. The wording in Option 1 is intended to be the most flexible. Simply stated if you qualify for membership in the consituency you are eligible for an elected position. For example there were questions raised about wether a subcontractor may or may not be considered an employee. This definition is important since two active members within the constituency (Tim Denton and Erica Roberts) are not actual "employees" of the respective registrars that they represent, TUCOWS and MelbourneIT. Option 2 was meant to be more restrictive taking into account the concerns raised in the last teleconference. Additional concern has been raised by some people over the wording of operational. There are some ICANN accredited registrars that have passed certification but elect to use another registrars system (no two business models are alike). Would they qualify for a position. Because of this potential confusion I have added another ballot option [ ] further clarification needed, if people feel strongly about this issue. ISSUE #9: Should the by-laws Organization and Structure Section be amended to delete old references to Length of term and substitute the following consolidated provision for all elected offices: 4. Eligibility & Length of Term 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 #10: 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 #11: 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 #12: 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 #13: 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-17-May-2001.doc |