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I am honored that you think I have that much power. were it only
true...<br><br>
Alan<br><br>
At 18/10/2015 11:23 AM, Guru Acharya wrote:<br>
<blockquote type=cite class=cite cite="">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. <br><br>
I really hope the community doesn't blink this time.<br><br>
On Sun, Oct 18, 2015 at 8:11 PM, Alan Greenberg
<<a href="mailto:alan.greenberg@mcgill.ca">alan.greenberg@mcgill.ca</a>
> wrote:<br>
<dl>
<dd>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.<br><br>
<dd>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repealed and new Articles of Incorporation or Bylaws adopted only upon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".<br><br>
<dd>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.<font color="#888888"><br><br>
<dd>Alan</font><br><br>
<br>
<dd>At 18/10/2015 09:53 AM, Chartier, Mike S wrote:<br>
<dl>
<dd>The CCWG proposal is not dependent on support "by a
supermajority of Board directors".<br>
<dd>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.<br><br>
<dd>-----Original Message-----<br>
<dd>From:
<a href="mailto:accountability-cross-community-bounces@icann.org">
accountability-cross-community-bounces@icann.org</a>
[<a href="mailto:accountability-cross-community-bounces@icann.org" eudora="autourl">
mailto:accountability-cross-community-bounces@icann.org</a>] On Behalf Of
Alan Greenberg<br>
<dd>Sent: Sunday, October 18, 2015 9:42 AM<br>
<dd>To: CCWG Accountability<br>
<dd>Subject: [CCWG-ACCT] ALAC Statement on proposed accountability
models<br><br>
<dd>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.<br><br>
<dd>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.<br>
<dd>Accordingly we decided, by a unanimous vote of the 14 ALAC members
present (with 1 not present), to withdraw support for the Membership
model.<br><br>
<dd>I want to make it clear that this is not a "red line"
decision.<br>
<dd>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.<br><br>
<dd>Alan Greenberg<br>
<dd>Chair, At-Large Advisory Committee<br><br>
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