[Acct-Legal] Draft request on Ombuds questions

[León Felipe Sánchez Ambía]

Thank you very much Sébastien!

Members of the Legal Committee, if you have no further comments, then I will forward this request to ICANN legal asking for an expedite answer.

If I do not receive comments by 11:59 UTC on November 20, I will then forward it as is to ICANN legal.

Have a good weekend.

Best regards,


León

> El 18/11/2016, a las 02:03, Sébastien Bachollet <sebastien at bachollet.com> escribió:
> 
> Thanks Leon,
> Yes it is on line with my (and the IOO-DT) request.
> Thanks for outing that in a legal wording ;)
> 
> May I suggest the following improvements?
> Thanks for considering.
> All the best
> SeB
> 
> ICANN Legal,
> 
> Request for an opinion from CCWG-Accountability WS2:
> 
> Background: 
> 
> The CCWG-Accountability WS2 Ombusman sub-group is working on recommending possible changes to the Office of the Ombudsman as required in the final report for WS1 of the CCWG-Accountability.
> 
> Given the focus of this sub-group the group working on implementing ATRT2 recommendations, which includes a requirement for an external review of the office of the Ombudsman, has proposed that the CCWG-Accountability WS2 Ombudsman sub-group take on the responsibility for this evaluation which it has accepted to do [with the agreement of the ccwg-WS2 plenary].
> 
> The current ICANN Ombudsman Herb Waye and his predecessor are both members of the Ombudsman sub-group drafting team.
> 
> Question:
> 
> Is the current ICANN Ombusman [and his predecessor] placing himself in a conflict of interest by participating in the sub-group which will have responsibility for the external review of the Office of the Ombudsman? If so what should the Ombudsman do to avoid such a conflict (completely recuse himself from all aspects or only from making or approving recommendations)?
> 
> Leon Sanchez
> CCWG-Accountability Co-Chair.
> Sébastien Bachollet
> +33 6 07 66 89 33
> Blog: http://sebastien.bachollet.fr <http://sebastien.bachollet.fr/>/
> Mail: Sébastien Bachollet <sebastien at bachollet.com <mailto:sebastien at bachollet.com>>
> 
> De : León Felipe Sánchez Ambía <leonfelipe at sanchez.mx <mailto:leonfelipe at sanchez.mx>>
> Date : vendredi 18 novembre 2016 à 04:44
> À : <ccwg-accountability5 at icann.org <mailto:ccwg-accountability5 at icann.org>>
> Cc : Sébastien Bachollet <sebastien at bachollet.com <mailto:sebastien at bachollet.com>>
> Objet : Draft request on Ombuds questions
> 
>> Dear all,
>> 
>> below is the draft request for legal opinion on the Ombuds questions. I am copying Sébastien as the rapporteur for the subgroup so we can have confirmation from him that the request, as drafted, covers the scope of their needs.
>> 
>> ==========
>> 
>> ICANN Legal,
>> 
>> Request for an opinion from CCWG-Accountability WS2:
>> 
>> Background: 
>> 
>> The CCWG-Accountability WS2 Ombusman sub-group is working on recommending possible changes to the Office of the Ombudsman as required in the final report for WS1 of the CCWG-Accountability.
>> 
>> Given the focus of this sub-group the group working on implementing ATRT2 recommendations, which includes a requirement for an external review of the office of the Ombudsman, has proposed that the CCWG-Accountability WS2 Ombudsman sub-group take on the responsibility for this evaluation which it has accepted to do.
>> 
>> The current ICANN Ombudsman Herb Waye and his predecessor are both members of the Ombudsman sub-group drafting team.
>> 
>> Question:
>> 
>> Is the current ICANN Ombusman placing himself in a conflict of interest by participating in the sub-group which will have responsibility for the external review of the Office of the Ombudsman? If so what should the Ombudsman do to avoid such a conflict (completely recuse himself from all aspects or only from making or approving recommendations)?
>> 
>> Leon Sanchez
>> CCWG-Accountability Co-Chair.
>> 

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