[CCWG-ACCT] ALAC Statement on proposed accountability models

[Alan Greenberg]

I am honored that you think I have that much power. were it only true...

Alan

At 18/10/2015 11:23 AM, Guru Acharya wrote:
> From the above statement, it is apparent that Alan has made this 
> statement under the fear that the transition will fail if the board 
> does not accept the CCWG proposal citing fiduciary responsibility. 
> Please let me assure you this kind of fear mongering is a tactical 
> technique used by Alan that has demonstrated much success earlier 
> as well. In the CWG-Stewardship, he similarly fear mongered that 
> the transition will fail because NTIA would reject the Contract Co 
> model. That time too everybody else blinked.
>
>I really hope the community doesn't blink this time.
>
>On Sun, Oct 18, 2015 at 8:11 PM, Alan Greenberg 
><<mailto:alan.greenberg at mcgill.ca>alan.greenberg at mcgill.ca> wrote:
>Correct, the CCWG proposal is not dependant on a supermajorty of the 
>Board supporting it, or in fact any Board support, since it is not 
>one of the CCWG's chartering organizations.
>
>But that is not what I said. At the point when our recommended 
>changes are to be implemented, the current Bylaws must be amended. 
>Under the current Bylaws, the "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amended, or repealed and new Articles of Incorporation or Bylaws 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".
>
>Under their fiduciary duty, each Board member may only vote to adopt 
>new Bylaws if he/she believes it is in the interest of ICANN and its 
>mission and core values to do so. It was THAT action that I was referring to.
>
>Alan
>
>
>At 18/10/2015 09:53 AM, Chartier, Mike S wrote:
>The CCWG proposal is not dependent on support "by a supermajority of 
>Board directors".
>The requirement is that there is not a determination that it is not 
>in the global public interest by a 2/3 majority of the Board.
>
>-----Original Message-----
>From: 
><mailto:accountability-cross-community-bounces at icann.org>accountability-cross-community-bounces at icann.org 
>[mailto:accountability-cross-community-bounces at icann.org] On Behalf 
>Of Alan Greenberg
>Sent: Sunday, October 18, 2015 9:42 AM
>To: CCWG Accountability
>Subject: [CCWG-ACCT] ALAC Statement on proposed accountability models
>
>In its formal response to the CCWG-Accountability proposal issued in 
>August 2015, the ALAC said that it could support the model being 
>proposed, but preferred something far less complex and 
>lighter-weight, and that we saw no need for the level of 
>enforceability that the proposal provided. Moreover, the ALAC had 
>specific concerns with the budget veto and the apparent lack of 
>participation of perhaps a majority of AC/SOs.
>
>In light of the reconsideration of a designator model by the CCWG, 
>along with the recommendations of the Saturday morning break-out 
>sessions, the ALAC felt that a revised statement was in order.
>Accordingly we decided, by a unanimous vote of the 14 ALAC members 
>present (with 1 not present), to withdraw support for the Membership model.
>
>I want to make it clear that this is not a "red line" decision.
>Should a Membership model become one that is generally advocated by 
>the CCWG, and supported by a supermajority of Board directors (who 
>ultimately MUST support any changes that they will be called upon to 
>approve, else they would be in violation of their fiduciary duty), 
>then the ALAC reserves its right to support such a model.
>
>Alan Greenberg
>Chair, At-Large Advisory Committee
>
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