- Category: ICANN Structures
- Topic: ccNSO Supplemental Recommendation on Bylaws Change
- Board meeting date: 30 June 2006
- Resolution number: 06.43
- URL for Board minutes/resolution: http://www.icann.org/en/minutes/minutes-30jun06.htm
- Status: Completed
Summary
Board approves Bylaws change as proposed by the ccNSO Supplemental Recommendation.
Text
Demi Getschko introduced a resolution, seconded by Hagen Hultzsch.
Whereas, the ccNSO Council resolved on 28 May 2005, to initiate a ccNSO Policy Development Process to consider changes to ICANN Bylaws Article IX (Country-Code Names Supporting Organisation), Annex B (ccNSO Policy-Development Process) and Annex C (the scope of the ccNSO). The ccNSO has conducted the ccPDP in accordance with Annex B of the ICANN Bylaws.
Whereas, the ccNSO submitted to the Board eight recommendations to improve and clarify the ICANN Bylaws on the ccNSO and the ccPDP in the interest of the ccNSO membership, the ccNSO Council and other stakeholders.
Whereas, at its meeting on 28 February 2006 the ICANN Board of directors adopted ccNSO Recommendations 1,2 and 4-8, which have been implemented and published on the ICANN website.
Whereas, Recommendation 3 suggested the addition of a new subsection 3 to ICANN Bylaws Article IX, Section 6, on which the General Counsel has advised the Board that adopting the ccNSO Recommendation 3 may raise issues regarding corporate governance and might adversely impact ICANN's organizational structure.
Whereas, the Board at its meeting on 31 March 2006 unanimously rejected ccNSO Recommendation 3, but resolved at the same time that it was amenable to receiving further input from the ccNSO through its processes for a supplemental recommendation regarding good faith notice and consultation, before the amendment of any provision of Article IX of the ICANN Bylaws.
Whereas, the ccNSO Council resolved to modify ccNSO Recommendation 3 as proposed in the Supplemental Recommendation, and the members of the ccNSO adopted the Supplemental Recommendation, which was conveyed to the Board on 19 June 2006.
Whereas, the proposed ccNSO Bylaw changes have been posted for public comment from 26 May 2006 until 16 June 2006 on the ICANN homepage and no comments were received.
Following discussion, a vote was taken on the resolution, which the Board unanimously adopted by a 11-0 vote.
Resolved (06.43), the Bylaws change as proposed by the ccNSO Supplemental Recommendation is approved.
Implementation Actions
- Implement Bylaws
- Responsible entity: General Counsel
- Due date: None specified
- Completion date: 15 February 2008
Other Related Resolutions
- Board directs ccNSO recommendations to be posted for public comment on 4 December 2005 Resolution 05.__ at: http://www.icann.org/en/minutes/minutes-04dec05.htm.
- Board rejects ccNSO recommendation 3 on 31 March 2006 Resolution 06.11 at: http://www.icann.org/en/minutes/minutes-31mar06.htm.
- Other resolutions TBD.
Additional Information
- Proposed supplemental recommendation 3 was adopted 30 June 2006, and incorporated into the Bylaws on 15 February 2008, available at: http://www.icann.org/en/general/archive-bylaws/bylaws-15feb08.htm.
- Current Bylaws are available at: http://www.icann.org/en/general/bylaws.htm.
- Descriptions of Recommendation 3, available at: http://www.icann.org/en/announcements/announcement-26may06.htm and http://www.icann.org/en/announcements/announcement-21dec05.htm.
- The resolution does not address funding for the items identified therein.
Explanatory text does not modify or override Resolutions. See Board Resolutions Page for more information.
