[Acct-Legal] [EXTERNAL] Re: Request on Ombuds questions

Samantha Eisner Samantha.Eisner at icann.org
Wed Nov 30 19:19:50 UTC 2016


Hi Léon -

I was out of the office when this came in.  We are completing an answer to this question today.

Sam
-
Samantha Eisner
Deputy General Counsel, ICANN
12025 Waterfront Drive, Suite 300
Los Angeles, California 90094
USA
Direct Dial: +1 310 578 8631

From: Greg Shatan <gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>>
Date: Wednesday, November 30, 2016 at 11:10 AM
To: León Sánchez Ambía <leonfelipe at sanchez.mx<mailto:leonfelipe at sanchez.mx>>
Cc: Samantha Eisner <samantha.eisner at icann.org<mailto:samantha.eisner at icann.org>>, John Jeffrey <JJ at icann.org<mailto:JJ at icann.org>>, "ccwg-accountability5 at icann.org<mailto:ccwg-accountability5 at icann.org>" <ccwg-accountability5 at icann.org<mailto:ccwg-accountability5 at icann.org>>, Accountability Staff <accountability-staff at icann.org<mailto:accountability-staff at icann.org>>
Subject: [EXTERNAL] Re: [Acct-Legal] Request on Ombuds questions

I think we need to sharpen up the workflow between the Legal Committee and ICANN Legal....

On Wed, Nov 30, 2016 at 10:09 AM, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx<mailto:leonfelipe at sanchez.mx>> wrote:
Dear Sam and John,

I have not received any reaction to this email or I might have missed it.

I need to update the plenary on this today so any guidance will be much appreciated.


Best regards,


León

El 21/11/2016, a las 12:35, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx<mailto:leonfelipe at sanchez.mx>> escribió:

Dear Samantha and John,

As part of the CCWG-Legal Committee works, we hereby request for an expedited 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)?

As the answers to these questions will enable to continue the work of the Ombuds Sub-group on different topics, we would kindly ask to have an answer to them as soon as possible.

Kind regards,


Leon Sanchez
CCWG-Accountability Co-Chair.
Saludos,



León



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