RE: [registrars] Regarding inconsistencies in registrar by-laws

["Elana Broitman" <ebroitman@register.com>]

Bruce - thank you for the changes - I see them, also, as mere technical or clarifying changes.  So if no one objects, I will fix the document and ask Rick to repost.

If I don't hear otherwise by mid-next week, I'll plan to do that.

Thanks

-----Original Message-----
From: Bruce Tonkin [mailto:Bruce.Tonkin@melbourneit.com.au]
Sent: Tuesday, May 20, 2003 8:38 PM
To: registrars@dnso.org
Subject: [registrars] Regarding inconsistencies in registrar by-laws


Hello All,

I have finally got round to reading through the by-laws.

I note that in the version referenced on the Boardrooms webiste, there
is an inconsistency between clause 3.1.2 (Chair, Secretary, Treasurer,
CTO), and clause 3.2.2 (Chair, Vice-chair, secretary, and treasurer)
with regard to the Elected Officers.  Also see clause 3.4.4.

It would be useful to clarify which is correct for the election (I
assume 3.2.2), and also fix up the bylaws before submission to ICANN.

With regard to clause 3.1.3 and clause 3.3.2 - it might be best to refer
explicitly to the relevant parts of the ICANN by-laws.  

Ie ICANN by-law Article X, Section 3(1).
"Subject to the provisions of the Transition Article of these Bylaws,
the GNSO Council shall consist of two representatives selected by each
of the Constituencies described in Section 5 of this Article, and three
persons selected by the ICANN Nominating Committee. There may also be
two liaisons to the GNSO Council, one appointed by each of the
Governmental Advisory Committee and the At-Large Advisory Committee from
time to time, who shall not be members of or entitled to vote on the
GNSO Council, but otherwise shall be entitled to participate on equal
footing with members of the GNSO Council."

And ICANN by-law (transition article) Article XX, section 5 (8):
"In the absence of further action on the topic by the New Board, each of
the GNSO constituencies shall select two representatives to the GNSO
Council no later than 1 October 2003, and shall provide the ICANN
Secretary written notice of its selections. Each constituency shall
designate one of those representatives to serve a one-year term, and one
to serve a two year-term. Each successor to those representatives shall
serve a two-year term."

Note that in the article above, the terms of clause 3.3.2 in the
registrar by-laws the election for the two GSNO council reps by 1 Oct
2003 will involve different terms.  One person will be elected for a 2
year term, and one person will be elected for a 1 year term.  The aim is
so that the election of reps will be staggered in future - with one one
person being replaced each year.  There are also some other provisions
in the transition article that cover situations where one of the current
3 reps needs to be replaced prior to 1 Oct 2003.

I suggest clause 3.3.2 of the registrar by-laws have added something
like: "Subject to the ICANN bylaw transition article, ......"

Clause 3.5, should probably be headed "The Constituency Representatives"
to be consistent with clause 3.2.3.

I think the changes suggested above, are for consistency - and do not
change the meaning of the by-laws.  Well done to the drafting team for
putting them together.

Apologies for not reviewing the by-laws earlier.

Regards,
Bruce Tonkin
Melbourne IT