Charter revision procedures

[Stephanie Perrin]

As I mentioned, given there is an investigation going on and you continue to allege that I am acting with prejudice, I will not deal with these matters on the list.

You are very welcome to your own interpretation of the Charter.

Kind regards,

Stephanie

On 2019-06-10 04:17, Remmy Nweke wrote:
Good morning chair
I will answer you in line if don't mind. See below.

On Sat, Jun 8, 2019, 21:40 Stephanie Perrin <stephanie.perrin at mail.utoronto.ca<mailto:stephanie.perrin at mail.utoronto.ca>> wrote:

The NCSG Charter can be found here:

https://gnso.icann.org/sites/default/files/filefield_25801/ncsg-charter-05may11-en.pdf

The section dealing with Charter revision appears below.

5.0 Amendments to the NCSG Charter.Proposals to amend this charter may be submitted by five (5) percent of the then-­‐current members eligible to vote, based on the weighted voting as defined in section 4.0. Proposals may also be put forward by the NCSG-­‐EC or the ICANN Board of Directors or one of the Board's committees.

p.23Amendments proposed by the NCSG members or the NCSG-­‐EC will only take effect after there has been a membership review, approval by 60% vote of NCSG members using the weighted voting defined in section 4.0 and final review/approval by the ICANN Board of Directors. Amendments proposed and approved by the ICANN Board of Directors or one of its Committees will only take effect after membership review and approval by 60% vote of the NCSG members using the weighted voting defined in section 4.0. The ICANN Board may require proposed amendments to be posted for public comment prior to taking its decision on the proposal.

My interpretation of this language is as follows:

1.  Individuals wishing to amend the Charter need to submit proposals for revision (i.e.text of the proposed new articles) supported by 5% of the  members eligible to vote.

By mere fact that the proposal needs 5% of the members eligible to vote means ordinarily ithe proposal should be put to vote in first instance.

2.  The NCSG EC may also submit proposals, and the ICANN Board of Directors or one of the Board's committees may also submit proposals.

The proposal was for your EC to take up not a throwback or ringmarolling exercise.

3. Amendments proposed by the NCSG, either a group of 5% of the members, or the NCSG -EC, will go to a vote of the membership.  As such, they would need to be precisely drafted and explained well to the membership.

What do you mean by precisely drafted? You may never get that until it has taken the cause of public comment and inputs from members to be even near properly drafted as its subject to tweaking by ICANN board etc.

4.  If 60% of the membership support the amendments, then the proposed amendments to the the ICANN Board for approval, and potentially for public comment.

That is after the initial voting and exercises must have been concluded ma.

If those who were active in the drafting of the Charter believe I have misinterpreted this matter, do please jump in and let me know.  As the Chair of the NCSG-EC, I am of course happy to receive requests for drafted amendments to be put to the vote, if supported by the 5% required in the case of Indivual member requests.

Interpretation of individual to seek the 5% will lead to balkanisation of the process which is not even good for the EC or good governance of NCSG.

Above all the least madam chair should do is to take it to EC, schedule a date for review. I had requested simply that you put this in your next tenure agenda if really you want to help NCSG to kick start the process but was rebuffed.

I am not unaware of the process having done charter review previously including that of ISOC rebirth in Nigeria and NPOC and Nigeria internet Registration Association among others.

If we continue looking for excuses the problem will persist beyond many years to come.
May be revisiting my initial proposal without any prejudice whatsoever will help us move to the next level.

Nice day
Remmy Nweke


Kind regards

Stephanie Perrin

NCSG Chair

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