[CCWG-ACCT] CCWG - Bylaws Drafting - Questions

[Seun Ojedeji]

Hi,

This implies that you(some) don't think board should be able to remove it's
members. While I wonder why you have such view, I don't think that its a
question/response we should be sending to the lawyers as it is a decision
the CCWG has to made.

In the past, we have pushed so much question to the lawyers without
actually indicating what we want. It is my hope that we will avoid that at
this stage; we should always indicate what we want so layers can advice on
how we may go about it (if at all possible).

That said, I think we need to recognise the implication of what you've
said; it implies that a community process will need to be put in place to
get the EC's approval and I wonder how long that would take. The other
question from that is what the status of the menber would be during that
process. I don't know of any organisation that makes its board so dependent
in the manner you are proposing.

Andrew raised a valid concern about possibility of board removing a member
that was re-appointed (within the same term). While I believe such scenario
would be so extreme and close to impossible, as I have earlier said a way
to approach it could be to subject subsequent removal to actual approval of
EC. However the Co-Chairs in their wisdom has thrown the question of "how
to achieve what we want" to the lawyers which I believe is in order. I do
think we should be setting processes that helps the board know the
consequences of their actions and not the one that always prevents them
from acting.

Regards
Sent from my LG G4
Kindly excuse brevity and typos
On 8 Apr 2016 10:49 p.m., "Chartier, Mike S" <mike.s.chartier at intel.com>
wrote:

> RE: Q6
>
> “concerns have been expressed that there might be issues when the
> community tries to seat Board members and then the Board removes those
> board members instantly.”
>
> I’m not sure that captures the whole concern. Some expressed the desire
> that the EC consent be real and not perfunctory.
>
>
>
> *From:* accountability-cross-community-bounces at icann.org [mailto:
> accountability-cross-community-bounces at icann.org] *On Behalf Of *Bernard
> Turcotte
> *Sent:* Friday, April 8, 2016 5:35 PM
> *To:* Accountability Cross Community <
> accountability-cross-community at icann.org>
> *Subject:* [CCWG-ACCT] CCWG - Bylaws Drafting - Questions
>
>
>
> All,
>
>
>
> Please find attached 2 documents.
>
>
>
> The first is the compilation of the answers provided to lawyers on
> Thursday April 7th.
>
>
>
> The second is a list of remaining open questions. For some of these
> questions the CCWG co-chairs and rapporteurs have reviewed the original
> proposed replies or added some new replies - these are clearly indicated in
> the document.
>
>
>
> Co-chairs, rapporteurs and staff have tried to be dutiful in capturing the
> questions from the list but it is possible some were missed. If you have
> submitted a question or issue please verify it is included in this version
> of the document.
>
>
>
> Please remember that the deadline for submitting questions and issues is
> 23:59 UTC Saturday April 9 2016.
>
>
>
> We are looking forward to continuing the process of addressing these
> issues and questions at our Monday April 11th meeting at 19:00 UTC.
>
>
>
> Bernard Turcotte
>
> ICANN Staff Support for the CCWG Co-Chairs
>
> Thomas Rickert, Mathieu Weill, Leon Sanchez
>
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>
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