ICANN/DNSO
Rules of Procedure for the GNSO Council |
All passages in red are from the old Names Council rules of procedure.
All passages in magenta are summarized from the old rules of procedure
All passages in black are from the ICANN Bylaws
All passages in green relate to links that must be made in this document
At the GNSO teleconference http://www.dnso.org/dnso/notes/20021219.GNSOteleconf-minutes.html it was resolved that the Generic names Council would operate under the Rules of Procedure for the old DNSO Names Council http://www.dnso.org/dnso/notes/20020418.NCprocedures-v7.0.html except in cases of conflict with the new ICANN bylaws where the ICANN new bylaws take precedence.
Under the new ICANN Bylaws adopted http://www.icann.org/general/archive-bylaws/bylaws-15dec02.htm#X-5 the Domain Name Supporting Organization ceased operations upon the adoption of the Transition Article, and the Names Council of the Domain Name Supporting Organization authorized the transfer of any funds it has collected to the benefit of the Generic Names Supporting Organization, cf. http://www.dnso.org/dnso/notes/20021219.NCteleconf-minutes.html
Description
There shall be a policy-development body known as the Generic Names Supporting Organization (GNSO), which shall be responsible for developing and recommending to the ICANN Board substantive policies relating to generic top-level domains.
Organization
The GNSO shall consist of (i) various Constituencies representing particular groups of stakeholders, as described in Article X Section 5: http://www.icann.org/general/archive-bylaws/bylaws-15dec02.htm#X-5 and (ii) a GNSO Council responsible for managing the policy development process of the GNSO.
2.1. GNSO Constituencies:
The following self-organized Constituencies are hereby recognized as representative of a specific and significant group of stakeholders and, subject to the provisions of the Transition Article of these Bylaws, shall each select two representatives to the GNSO Council:
2.2. Notwithstanding the adoption or effectiveness of the New Bylaws, each GNSO constituency described in paragraph 2 of Section 5 http://www.icann.org/general/archive-bylaws/bylaws-15dec02.htm#XX-5.2 shall continue operating as before and no constituency official, task force, or other activity shall be changed until further action of the constituency, provided that each GNSO constituency shall submit to the ICANN Secretary a new charter and statement of operating procedures, adopted according to the constituency's processes and consistent with the New Bylaws, no later than 15 July 2003.
2.3. Each Constituency identified in paragraph 1 of this Section shall maintain its recognition, and thus its ability to select GNSO Council representatives, only so long as it in fact represents the interests globally of the stakeholder communities it purports to represent, and shall operate to the maximum extent feasible in an open and transparent manner and consistent with procedures designed to ensure fairness. No individual or entity shall be excluded from participation in a Constituency merely because of participation in another Constituency.
2.4. Any group of individuals or entities may petition the Board for recognition as a new or separate Constituency. Any such petition shall contain a detailed explanation of:
Why the addition of such a Constituency will improve the ability of the GNSO to carry out its policy-development responsibilities; and
Why the proposed new Constituency would adequately represent, on a global basis, the stakeholders it seeks to represent. Any petition for the recognition of a new Constituency shall be posted for public comment.
2.5. The Board may create new Constituencies in response to such a petition, or on its own motion, if it determines that such action would serve the purposes of ICANN. In the event the Board is considering acting on its own motion it shall post a detailed explanation of why such action is necessary or desirable, set a reasonable time for public comment, and not make a final decision on whether to create such new Constituency until after reviewing all comments received. Whenever the Board posts a petition or recommendation for a new Constituency for public comment, it shall notify the GNSO Council and shall consider any response to that notification prior to taking action.
3.1. GNSO Council Responsibilities
Policy development Process
The GNSO Council is responsible for managing the policy development process of the GNSO. It shall adopt such procedures as it sees fit to carry out that responsibility, provided that such procedures are approved by the Board, and further provided that, until any modifications are recommended by the GNSO Council and approved by the Board, the applicable procedures shall be as set forth in Section 6 of this Article. In addition, the GNSO Council is responsible for managing open forums, in the form of mailing lists or otherwise, for the participation of all who are willing to contribute to the work of the GNSO; such forums shall be appropriately moderated to ensure maximum focus on the business of the GNSO and to minimize non-substantive and abusive postings.
DNSO/GNSO Committees, task forces working groups
All committees, task forces, working groups, drafting committees, and similar groups established by the DNSODNSONames Council http://www.dnso.org/dnso/notes/20020418.NCprocedures-v7.0.html and in existence immediately before the adoption of this Transition Article shall continue in existence as groups of the GNSO Council with the same charters, membership, and activities, subject to any change by action of the GNSO Council.
ICANN Board Seats 13 & 14
The GNSO Council shall make selections to fill Seats 13 and 14 on the ICANN Board by written ballot or by action at a meeting; any such selection must have affirmative votes comprising a majority of the votes of all the members of the GNSO Council. Notification of the GNSO Council's selections shall be given by the GNSO Chair in writing to the ICANN Secretary, consistent with Article VI, Sections 8(4) and 12(1), cf. http://www.icann.org/committees/evol-reform/proposed-bylaws-corrections-23feb03.htm#VI-8.
3. 2. GNSO Council composition:
Until the conclusion of the ICANN annual meeting in 2003, the GNSO Council shall consist of three representatives of each constituency of the GNSO plus, upon their selection by the Nominating Committee, three persons selected by that committee. It may also have liaisons appointed by the Governmental Advisory Committee and (Interim) At-Large Advisory Committee, as provided in Article X, Section 3(1) of the New Bylaws, cf. http://www.icann.org/general/archive-bylaws/bylaws-15dec02.htm#X-3.1
Upon the adoption of this Transition Article http://www.icann.org/general/archive-bylaws/bylaws-15dec02.htm#XX-5.4 the three representatives on the Domain Name Supporting Organization ("DNSO") Names Council from each of six DNSO constituencies shall be seated as representatives of constituencies on the GNSO Council, as follows:
Subject to the provisions of the Transition Article of these Bylaws http://www.icann.org/general/archive-bylaws/bylaws-15dec02.htm#XX-5.5 the GNSO Council shall consist of two representatives selected by each of the Constituencies described in Section 5 of this Article, point to constituencies above 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.
Subject to the provisions of the Transition Article of these Bylaws http://www.icann.org/general/archive-bylaws/bylaws-15dec02.htm#XX-5
Each GNSO Council member shall hold office during his or her regular term and until a successor has been selected and qualified or until that member resigns or is removed in accordance with these Bylaws.
Thereafter, the composition of the GNSO Council shall be as provided in the New Bylaws, as they may be amended from time to time, without regard to this Transition Article.
No more than one officer, director or employee of any particular corporation or other organization (including its subsidiaries and affiliates) shall serve on the GNSO Council at any given time.
3.3 Terms of GNSO Council Members
http://www.icann.org/minutes/minutes-appa-25feb03.htmThe terms of the GNSO Council members described in paragraph 5 of Section 5 http://www.icann.org/general/archive-bylaws/bylaws-15dec02.htm#XX-5.5 shall last for the remainder of their terms under the Old Bylaws, except that the terms of all of those GNSO Council members shall end at the conclusion of the ICANN annual meeting in 2003. Any vacancy occurring before that time in a position on the GNSO Council described in paragraph 5 of this Section 5 shall be filled by the constituency that the vacant position represents for the remainder of the term lasting until the conclusion of the ICANN annual meeting in 2003. In selecting three persons to serve on the GNSO Council, the initial Nominating Committee shall designate one to serve a term until the conclusion of the ICANN annual meeting in 2004 and the other two to serve terms until the conclusion of the ICANN annual meeting in 2005.
3.4 GNSO Council vacancy
http://www.icann.org/minutes/minutes-appa-25feb03.htmA GNSO Council member may resign at any time by giving written notice to the ICANN Secretary. A GNSO Council member selected by a Constituency may be removed by that Constituency according to its published procedures. A GNSO Council member selected by the Nominating Committee may be removed for cause stated by a three-fourths (3/4) vote (see Section 5(2) of the Article) http://www.icann.org/general/archive-bylaws/bylaws-15dec02.htm#X-5 of all members of the GNSO Council (excluding the member to be removed), subject to approval by the ICANN Board. A vacancy on the GNSO Council shall be deemed to exist in the case of the death, resignation, or removal of any member. Vacancies shall be filled for the unexpired term involved by the Nominating Committee giving the ICANN Secretary written notice of its selection, unless the member holding the position before the vacancy occurred was selected by a Constituency, in which case that Constituency shall fill the unexpired term by giving the ICANN Secretary written notice of its selection
3.5. Quorum
(Comment: it is worth separately identifying the quorum requirements)http://www.icann.org/committees/evol-reform/proposed-bylaws-corrections-23feb03.htm#X-8
Members entitled to cast a majority of the total number of votes of GNSO Council members then in office shall constitute a quorum for the transaction of business.
3.6 Votes
Acts by a majority vote of the GNSO Council members present at any meeting at which there is a quorum shall be acts of the GNSO Council, unless otherwise provided herein. (See Section 5(2) of this Article concerning the number of votes that GNSO Council members may cast.)
The number of votes cast:
The number of votes that members of the GNSO Council may cast shall be equalized so that the aggregate number of votes of representatives selected by the Constituencies (currently the gTLD Registries and Registrars) that are under contract with ICANN obligating them to implement ICANN-adopted policies is equal to the number of votes of representatives selected by other Constituencies.
Initially, each member of the GNSO Council selected by the gTLD Registries Constituency or the Registrars Constituency shall be entitled to cast two votes and all other members (including those selected by the Nominating Committee) shall be entitled to cast one vote.
In the event that there is a change in the Constituencies that are entitled to select voting members of the Names Council, the Board shall review the change in circumstances and by resolution revise the procedure for equalization of votes in a manner consistent with this paragraph 2.
As amended in the bylaws: http://www.icann.org/minutes/minutes-appa-25feb03.htm
4. 1. The GNSO Council shall select the GNSO Chair, for a term the GNSO Council specifies but not longer than one year, by written ballot or by action at a meeting. Any such selection must have the affirmative votes of comprising a majority of the votes of all the members of the GNSO Council.
4. 2. A retiring Chair will not be eligible for re-election for a period of one year.4. 3. Meeting schedules
The GNSO Chair will finalise a schedule of all meetings during a calendar year by the last day of January of that year. Council members may request changes to the schedule during the year which may be agreed upon by the Chair in consultation with the Council, subject to the minimum period of notice below.
5.1 Except as provided by paragraph 6 of Section 3, http://www.icann.org/general/archive-bylaws/bylaws-15dec02.htm#X-3.6 the GNSO Council shall act at meetings.
Members of the GNSO Council may participate in a meeting of the GNSO Council through use of (i) conference telephone or similar communications equipment, provided that all members participating in such a meeting can speak to and hear one another or (ii) electronic video screen communication or other communication equipment; provided that (a) all members participating in such a meeting can speak to and hear one another, (b) all members are provided the means of fully participating in all matters before the GNSO Council, and (c) ICANN adopts and implements means of verifying that (x) a person participating in such a meeting is a member of the GNSO Council or other person entitled to participate in the meeting and (y) all actions of, or votes by, the GNSO Council are taken or cast only by the members of the GNSO Council and not persons who are not members.
Except where determined by a majority vote of members of the GNSO Council present that a closed session is appropriate, meetings shall be open to physical or electronic attendance by all interested persons.
5.2Notice of meetings:
Advance notice of such meetings shall be posted on the Website, if reasonably practicable, at least 7 days in advance of the meeting for Administrative issues and 14 days in advance for Policy issues.
Reports and declarations should be submitted to the GNSO Chair for inclusion on the agenda no later than 14 days before the GNSO Council meeting, all reports or proposed declarations relating to forthcoming agenda items must be distributed to the GNSO Council members 14 days before the meeting
.In any given year, the time of the meetings may vary to accommodate the different geographic regions represented by Council members. By way of guidance start times corresponding to local times for the Council members earlier than 06.00 and later than 23.00 should be avoided where possible.
5. 3. All actions of, or votes by, the GNSO Council are taken or cast only by the members of the GNSO Council and not persons who are not members.
http://www.icann.org/committees/evol-reform/proposed-bylaws-corrections-23feb03.htm#X-3Members entitled to cast a majority of the total number of votes of GNSO Council members then in office shall constitute a quorum for the transaction of business, and acts by a majority vote of the GNSO Council members present at any meeting at which there is a quorum shall be acts of the GNSO Council, unless otherwise provided herein. (See Section 5(2) of this Article concerning the number of votes that GNSO Council members may cast.)
5. 4.
The number of
votes cast:
The number of votes that members of the GNSO Council may cast shall be
equalized so that the aggregate number of votes of representatives selected by
the Constituencies (currently the gTLD Registries and Registrars) that are
under contract with ICANN obligating them to implement ICANN-adopted policies
is equal to the number of votes of representatives selected by other
Constituencies.
Initially, each member of the GNSO Council selected by the gTLD Registries
Constituency or the Registrars Constituency shall be entitled to cast two votes
and all other members (including those selected by the Nominating Committee)
shall be entitled to cast one vote.
In the event that there is a change in the Constituencies that are entitled to
select voting members of the Names Council, the Board shall review the change
in circumstances and by resolution revise the procedure for equalization of
votes in a manner consistent with this (Section
5 paragraph 2).
http://www.icann.org/general/archive-bylaws/bylaws-15dec02.htm#X-5