[CCWG-ACCT] Board comments on Board removal in the context of GAC advice

[Bruce Tonkin]

Hello All,

The Board has been following the work of the CCWG and appreciates the enormous effort over the past weeks, and especially in closing on the last few outstanding issues. 

Since the GAC Advice compromise has been reached this week, we are concerned over the lower threshold for Board removal reflected in Recommendation 2, paragraph 51, in the exceptional situation of GAC advice.  As the Board has previously noted, the threshold of 4 SO/ACs is an important safeguard to ensure full support across the ICANN community in the event of an entire Board recall.

To mitigate the Board's concerns with this new compromise, we suggest that this new lower threshold only applies when BOTH of the following occurs:

- The Board decides to accept GAC advice, and hence the GAC cannot participate in a decision to remove the Board over this decision

and 

- An IRP raised by the community has found that the Board acted inconsistently with its bylaws (which includes the mission).


This would mitigate our concern of going directly to a board removal process with a lower threshold.


To outline this further, below are a few scenarios:

1.  GAC provides the Board with a consensus advice.

2.  Board accepts the advice

3.  Community believes the Board acted outside its mission in accepting GAC advice.

4.  Community raises an IRP.

Scenario 1:

5.  IRP finds that the Board acted outside its mission in acting on the GAC advice.

6. Board accepts IRP finding and acts in alignment with the IRP decision

7.  Case closed.  The Community cannot exercise its power to remove the Board using a reduced threshold of three SOs/ACs.


Scenario 2:

5.  IRP finds that the Board acted outside its mission in acting on the GAC advice.

6. Board does not accept IRP finding and does not act in alignment with the decision

7. The community can base its power to remove the Board on the failure to follow the IRP decision, and may do so with a reduced threshold of three
SO/ACs in support and no more than one objection

Scenario 3:

5. IRP finds that the Board did not act outside its mission in accepting the GAC advice.

6. Case closed.   The Community cannot exercise its power to remove the Board using a reduced threshold of three SOs/ACs.


Regards,

Bruce Tonkin

ICANN Board Liaison to the CCWG