[CCWG-ACCT] Understanding of Amended Paragraph 72 of Annex 2

[Phil Corwin]

It all depends on the dynamics of future scenarios that we cannot predict today.

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
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Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: Seun Ojedeji [mailto:seun.ojedeji at gmail.com]
Sent: Tuesday, February 23, 2016 8:04 PM
To: Phil Corwin
Cc: accountability-cross-community at icann.org; Bruce Tonkin
Subject: Re: [CCWG-ACCT] Understanding of Amended Paragraph 72 of Annex 2


Technically, the limitation will be applicable to the status of the individual board member to be removed i.e whether appointed by SO/AC or by nomcom as the removal processes and required thresholds differ. The other limitation I foresee is the time it would take to carry out the one-by-one removal process unless ofcourse the community trigger the process concurrently which is unlikely.(it will be quite a record breaking coup :-) )

However, if the goal is to spill significant number of the board by removing the individual members, then it'd be better to go the single route of spilling the entire board to save time. Nevertheless, I guess the main catch is that both options are possible.

Regards

On 24 Feb 2016 01:25, "Phil Corwin" <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>> wrote:
Thanks for weighing in, Bruce.

I agree that evaluation of each individual Board member is the way the process should be used. I was just observing that two separate processes exist for the removal of individual Board members and that there is no limitation on the number that may be employed against within a given time period. As previously stated, I hope we never get to that point.

Best, Philip

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey


-----Original Message-----
From: accountability-cross-community-bounces at icann.org<mailto:accountability-cross-community-bounces at icann.org> [mailto:accountability-cross-community-bounces at icann.org<mailto:accountability-cross-community-bounces at icann.org>] On Behalf Of Bruce Tonkin
Sent: Tuesday, February 23, 2016 7:09 PM
To: Accountability Cross Community
Subject: Re: [CCWG-ACCT] Understanding of Amended Paragraph 72 of Annex 2

Hello Phil,

I think in essence that you are correct that in addition to removing the Board via a Board as a whole spill process, that the community still has the option of removing individual Board members through the individual Board member recall process.   So yes it is possible to remove all the voting directors, by exercising that process on a one-by-one basis.

In terms of removing the chair or vice-chair of the Board, the community is effectively removing the Board director that currently holds that role.   If that happens, the Board will of course elect a replacement chair or vice-chair  from the remaining Board directors.

I would expect that if an individual Board director that is currently the chair became subject to an individual Board member recall process, that the chair would stand down pending the outcome of the process and the vice-chair would take over until such time as an new chair is appointed.

So doubt the discussion will end up being a discussion to remove the chair, but a discussion about the performance of the individual Board director.   At least I hope that is how the processes will be used.

Regards,
Bruce Tonkin
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