[CCWG-ACCT] Notes-Recordings-Transcript links for CCWG ACCT Session #14 24 February

[Roelof Meijer]

Thanks, Bruce, that¹s clear.
And: 
<<I think we need to avoid situations where one part of the community
withdraws a Board member because a Board decision was not particularly
favourable to their part of the community - even though the decision is in
the global public  interest>>

Exactly

Best,

Roelof




On 01-03-15 02:01, "Bruce Tonkin" <Bruce.Tonkin at melbourneit.com.au> wrote:

>Hello Roelof,
>
>
>>>  - Recall Board members if not acting in global public interest rather
>>>than if not acting in segmented interest of a community. Consider
>>>community capture (especially a segment of community).
>
>My comment on the call was about a concern that allowing segments of the
>community to recall "their" Board member may move away from the objective
>of ensuring that Board members primarily focus on the global public
>interest in their decision making.
>
>I noted that under law the directors of ICANN owe a fiduciary
>(http://en.wikipedia.org/wiki/Fiduciary)  duty to the organization, but I
>also noted that the organization was established to act in the global
>public interest.    When new Board members join the Board we make clear
>that they have a fiduciary duty under law and must understand the
>organization's financials etc, but we also make clear that they need to
>act on behalf of the community as a whole, not just the part of the
>community that appointed the director/s.
>
>The Board currently does have the power to remove a director with a 3/4
>majority vote.   In practice the Board sets clear expectations for the
>conduct of directors through its code of conduct:
>https://www.icann.org/resources/pages/code-of-conduct-2012-05-15-en  .
>Also Board members must annually certify that they have read this code,
>and acknowledge in writing that they understand it.      The code notes
>that "Board Members should not be, or appear to be, subject to
>influences, interests or relationships that conflict with the interests
>of ICANN or ICANN's ability to operate for the benefit of the Internet
>community as a whole."
>
> Under the enforcement of the code of conduct - it notes that "Serious
>breaches of this Code may be cause for dismissal of the Board Member
>committing the infraction in accordance with ICANN's Bylaws and
>applicable law."
>
>
>I don't have a problem in principle with a segment of the ICANN community
>that appoints a director having the ability to recall that director, but
>would prefer that they use the same standard -ie the Board Directors'
>Code of Conduct.       I also don't have a problem with the Board having
>the same restriction in the bylaws.
>
>I think we need to avoid situations where one part of the community
>withdraws a Board member because a Board decision was not particularly
>favourable to their part of the community - even though the decision is
>in the global public  interest.   e.g. If one group didn't get their
>budget request for travel approved, or one group didn't like an increase
>in registry or registrar fees in a particular year.   This has the risk
>of making the board behave in a political manner rather than focussing on
>the global public interest.    The Board meets with each stakeholder
>group at ICANN and that is the forum where each stakeholder group can put
>their case for a particular decision.   Generally Board members appointed
>by a particular part of a community listen to all the parts of the
>community and make a decision in the interests of the community as a
>whole, and don't play an active role on the Board pushing the agenda of
>their part of the community.   Board members from a particular par
> t of the community do however help explain to other Board members  the
>nuances of the concerns from their part of the community where that is
>not clear.
>
>Regards,
>Bruce Tonkin
>
>
>
>
>
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