[CCWG-ACCT] Decision making versus comply with the law

[Bruce Tonkin]

Just to reiterate my comments.

(1) Obeying the law

- the Board must obey the law - whether it is national laws or our bylaws

- we have an IRP process for the community to use if we break our bylaws

- the outcome of the IRP will be binding, and will be enforceable in court

- which again comes back to obeying the law


(2) Decision making

- we have a shared decision making process in the bylaws

- the SOs and cross-community working groups make policy recommendations to the Board

 - the board can make a decision by 2/3 majority to reject such recommendations - which hasn't happened since ICANN started 16 years ago

- for bylaws changes and separation etc - both the Board and the community must decide

- if you don't think the Board makes good decisions then

	-  elect/appoint better directors

	- every year you have the opportunity to replace 1/3 of directors

	- with both the designator and member models you can remove individual board members and the whole board at any time


Regards,
Bruce Tonkin