[CCWG-ACCT] ALAC Statement on proposed accountability models

[Bruce Tonkin]

Hello Mike,

>>   The (now oft cited) resolution requires a decision not to implement a recommendation be based on a "determination that it is not in the global public interest to implement a CCWG Recommendation requires a 2/3 majority of the Board"

The Board resolution relates to our process for voting on policy recommendations from a supporting organization.   Cross-community working group procedures are not yet described in the bylaws - so we created a resolution to lay out our process for accepting recommendations that was based on our process for supporting organizations..

Normally recommendations from a supporting organization don't require changes to bylaws.   This is more common in implementing the recommendations from the Accountability and Transparency Review Teams (ATRT)   (https://www.icann.org/resources/reviews/aoc/atrt).


>>  However Alan (below) correctly points out that a 2/3rd majority is needed to implement a recommendation that requires a Bylaw change.
So can you please explain the what, exactly, Resolution (2014.10.16.17) means?

Normally we get our legal team to draft bylaws language to implement the recommendations that are approved by the Board from a supporting organization, review team, or cross constituency working group.

Under our existing bylaws:

"Except as otherwise provided in the Articles of Incorporation or these Bylaws, the Articles of Incorporation or Bylaws of ICANN may be altered, amended, or repealed and new Articles of Incorporation or Bylaws adopted only upon action by a two-thirds (2/3) vote of all members of the Board."

The high threshold is intended to ensure that the Board has fully considered all the input from the community during the public comment process, and asserts that close to full consensus has been reached before approving the change.

In  this case we have proposed to begin the bylaws drafting process as the components of the CCWG proposal are finalized, so that we minimize the time to get the bylaws changes completed.   The actual bylaws change can occur after we submit the reports to the NTIA, but the NTIA has indicated that it won't finalize its response until the bylaws changes are complete.

Regards,
Bruce Tonkin