[Acct-Legal] Fwd: RESEND: Reply to Rosemary

[List for the work of CCWG-Accountability Legal SubTeam]

Dear all,

I am forwarding this email on behalf of Alan Greenberg. 

I believe it will help bring context to our lawyers for the NomCom discussion.

Best regards,


León

> Inicio del mensaje reenviado:
> 
> Fecha: 22 de abril de 2015 22:43:59 GMT-5
> Para: Leon Felipe Sanchez Ambía <leonfelipe at sanchez.mx>
> De: Alan Greenberg <alan.greenberg at mcgill.ca>
> Asunto: RESEND: Reply to Rosemary
> Cc: Cheryl Langdon-Orr <langdonorr at gmail.com>
> 
> Leon, could you please post this to the CCWG Legal list?
> 
> Alan
> =======================
> At the end of Wednesday's Legal team meeting, rosemary asked me to elaborate a bit on my statements about the NomCom.
> 
> Each year's NomCom (and yes, it is a misnomer as they actually select people and not just nominate) is composed of delegates from a number of organizations, both within and outside of ICANN. Most are voting members of the NomCom, some are not. Although the people are sent by the ACs, SO, and other organizations, their deliberations are secret and are not supposed to be relayed to their parent organizations (even the names of those that they are looking at). The independence of these deliberations are sacred.
> 
> Each year, there NomCom is reconstituted. Although there are people who serve from one year to the next, they are separate appointments. There is no institutional memory regarding candidates and deliberations, and no records are kept from year to year (other than for applicants who explicitly allow their application to be carried over to the next year).
> 
> Although there is nothing to prevent a NomCom from agreeing to remove directors appointed by one of their predecessor NomComs, I suspect that such a concept would not be well received, as it would imply that the NomCom is in some way subservient to the ACs and SOs. Yes, there could be a bright line drawn around the removal process and it would be made clear that such subservience would not apply to the nomination process, but I think it would be perceived as having been compromised.
> 
> But I say all of this never having serves on a NomCom, and perhaps we need input from someone with a more authoratative perspective.
> 
> Alan
> 

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