the EC to initiate (A) a concern e(ii) or e(iii) Community Independent may be requested by Review Process pursuant any GNSO SG/C to be to Section 4.3 of Annex D added to the consent or (B) a Board Recall agenda without the Process pursuant to ability to deny this Section 3.3 of Annex D. request nor the ability for anyone to remove this item from the consent agenda unless requested by the original requestor. SECTION 22.8 GNSO representative on the No new procedures or Assumption: INDEPENDENT EC will act in accord with changes to the GNSO The DT’s reference to INVESTIGATION instructions approved by Operating Procedures the EC may be an If three or more Decisional majority of each house. and/or ICANN Bylaws. The oversight as the Participants deliver to the action requested will be put Bylaws do not require Secretary a joint written before the GNSO Council as that this action go certification from the a motion for consideration. through the EC respective chairs of each Threshold for approval is a Administration. Decisional Participant that simple majority vote of Where the GNSO the constituents of such each house, which per receives a request Decisional Participants Section 11.3-I of the ICANN from another have, pursuant to the Bylaws is the default voting Decisional Participant internal procedures of threshold. to consider joining such Decisional such a certification, Participants, determined deliberations on that there is a credible whether to do so will allegation that ICANN has take place within the committed fraud or that GNSO there has been a gross SG/Constituencies and mismanagement of at Council level ICANN’s resources,… (where a vote will be [excerpt] taken on a final decision) in
the EC to initiate (A) a Community Independent Review Process pursuant to Section 4.3 of Annex D or (B) a Board Recall Process pursuant to Section 3.3 of Annex D. concern e(ii) or e(iii) may be requested by any GNSO SG/C to be added to the consent agenda without the ability to deny this request nor the ability for anyone to remove this item from the consent agenda unless requested by the original requestor. SECTION 22.8 INDEPENDENT INVESTIGATION If three or more Decisional Participants deliver to the Secretary a joint written certification from the respective chairs of each Decisional Participant that the constituents of such Decisional Participants have, pursuant to the internal procedures of such Decisional Participants, determined that there is a credible allegation that ICANN has committed fraud or that there has been a gross mismanagement of ICANN’s resources,… [excerpt] GNSO representative on the EC will act in accord with instructions approved by majority of each house. No new procedures or changes to the GNSO Operating Procedures and/or ICANN Bylaws. The action requested will be put before the GNSO Council as a motion for consideration. Threshold for approval is a simple majority vote of each house, which per Section 11.3-I of the ICANN Bylaws is the default voting threshold. Assumption: The DT’s reference to the EC may be an oversight as the Bylaws do not require that this action go through the EC Administration. Where the GNSO receives a request from another Decisional Participant to consider joining such a certification, deliberations on whether to do so will take place within the GNSO SG/Constituencies and at Council level (where a vote will be taken on a final decision) in
proposed-revisions-gnso-op-procedures-bylaws-staff-report-docx-16may17-en.docx