[CCWG-ACCT] Notes from Briefing with Counsel for Plan B Proposal Meeting - Thursday 8 October 2015 @ 21:00 UTC

[Grace Abuhamad]

Dear all, 

The notes, recordings and transcripts for the Briefing with Counsel for Plan
B Proposal Meeting  - Thursday 8 October 2015 @ 21:00 UTC
 will be available here:  https://community.icann.org/x/BahYAw
  
A copy of the notes may be found below.
 
AC room recording: https://icann.adobeconnect.com/p46pejy7tf3/

Briefing with Counsel for Plan B Proposal Meeting  - Thursday 8 October 2015
@ 21:00 UTC



Attendees in AC room:

CCWG: Steve DelBianco; Jonathan Zuck; Kavouss Arasteh

Counsel: Ingrid Mittermaier; Michael Clark; Rosemary Fei (and Ed McNicholas
and Holly Gregory on the phone line only)



Notes:



Today's discussion revolves around the text here:
http://mm.icann.org/pipermail/accountability-cross-community/2015-October/00
6125.html 



Kavouss added an edit (underlined here):

1. Power to block a proposed Operating Plan/Strat Plan/Budget with
limitation on rejection/ Veto ( maximum 3 times )

2. Power to approve changes to Fundamental Bylaws and Articles of
Incorporation.

3. Power to block changes to  standard Blaws.

4. Power to appoint and remove individual board Directors  possibly with the
approval of the entire community

5. Power to recall the entire board of Directors

6. Mechanism for binding IRP where a panel decision is enforceable in any
court recognizing international arbitration results — even if ICCANNs Board
refused to participate in the binding arbitration.  (assuming  CCWG lawyers
verify this works without activating a Membership model)

All decision taken on the above would require consensus , without more than
two Advice against that ( non-voting of ACs)

I think we are close enough to get consensus around the above powers before
we leave Dublin.   And based on what we’ve heard recently, the board will
support the powers described above.



Action for Steve/Jonathan: revise chart per call discussions (MEM / Single
Designator / Single Member) and send to lawyers before they can proceed with
their work. 



Actions for lawyers:
* Assess level of effort to do 2-part project as follows:
* Part 1: completing the chart shown in AC. The chart shows the 6 Powers and
their enforcement in Board's MEM (within Bylaws), Designator, Sole Member.
For first pass, only do each of the  3 as described. (If there is extra
time, the lawyers can study options for personhood for SO/ACs in the
models).  
* Part 2: Plan B design and lockdown


Lawyers would like for this to be a priority if this needs to be ready by
Dublin. 



The more the documents can look simpler, the better. Minimal change is
preferred. 




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