[Ccwg-auctionproceeds] For your review - updated language in relation to individual appeals mechanism

[Becky Burr]

agree with Marilyn's proposed changes

On Thu, Aug 22, 2019 at 1:25 PM Marilyn Cade <marilynscade at hotmail.com>
wrote:

> Agreeing with Maarten.
> If people can misunderstand, they will! It is just human nature, made more
> complex by multiple languages.
>
> 🙂
> I am going a little further with a slight adjustment to the present
> language/but it is only a
> POSSIBLE REVISION: HIGHLIGHTED/AND IN CAPS. Deletions in [ ].
>
>
> *The reason for this recommendation is that the Board decision in [this]
> ANY REVIEW context would be in relation to the OVERALL PROGRAM'S
> disbursement of funds based on the recommendations of the independent
> evaluation panel*
>
> ------------------------------
> *From:* Ccwg-auctionproceeds <ccwg-auctionproceeds-bounces at icann.org> on
> behalf of maarten.botterman at board.icann.org <
> maarten.botterman at board.icann.org>
> *Sent:* Thursday, August 22, 2019 10:40 AM
> *To:* 'Marika Konings' <marika.konings at icann.org>
> *Cc:* ccwg-auctionproceeds at icann.org <ccwg-auctionproceeds at icann.org>
> *Subject:* Re: [Ccwg-auctionproceeds] For your review - updated language
> in relation to individual appeals mechanism
>
>
> Dear Marika,
>
>
>
> Just to avoid new confusion, it may be good to be crisp clear in your text
> that neither Board nor Org will be evaluating and making determinations
> on individual applications, this is the role of the Independent Panel.
>
>
>
> When you say below:
>
>
>
> *The reason for this recommendation is that the Board decision in this
> context would be in relation to the disbursement of funds based on the
> recommendations of the independent evaluation panel and not as a result of
> the ICANN’s Board assessment of an individual application.*
>
>
>
> It may happen that people who have not intensely followed the process *
> *could** get the impression that the Board would assess individual
> applications, and we will not.
>
>
>
> Thanks
>
>
>
> Maarten
>
>
>
> *From:* Ccwg-auctionproceeds <ccwg-auctionproceeds-bounces at icann.org> *On
> Behalf Of *Marika Konings
> *Sent:* Wednesday, 21 August 2019 23:42
> *To:* ccwg-auctionproceeds at icann.org
> *Subject:* [Ccwg-auctionproceeds] For your review - updated language in
> relation to individual appeals mechanism
>
>
>
> Dear CCWG,
>
>
>
> Thanks all for your input and suggestions in relation to the proposed
> language concerning the individual appeals mechanism. Hereby for your
> review updated language (in bold and brackets) which aims to reflect the
> input received during today’s meeting. As also noted, staff will review the
> latest draft of the report and insert in the appropriate place
> implementation guidance that would recommend that appropriate informational
> materials are developed and provided to assist applicants. If you have any
> further comments, concerns or suggestions, please share these *by Friday
> 23 August at the latest*.
>
>
>
> Proposed text for inclusion in the Final Report in relation to an
> individual appeals mechanism:
>
>
>
> *The CCWG discussed whether an appeals mechanism should be available for
> applicant not selected and/but agreed that this would create a level of
> complexity that was deemed not desirable or necessary, after having
> reviewed how other organizations deal with appeals. Instead, it is the
> expectation that applicants* *not selected* [*should receive further
> details about where information can be found about the next round of
> applications as well as any educational materials that may be available to
> assist applicants]*.* would receive feedback as part of the response to
> their application outlining the reasons for why their application was not
> selected. Also, in the context of the regular review of the mechanisms,
> both selected applicants and non-selected applicants should be invited to
> participate and provide any feedback they may have on how the program can
> be further improved. The CCWG did agree that appropriate measures should be
> taken that would exclude applicants from using ICANN accountability
> measures such as IRP. The reason for this recommendation is that the Board
> decision in this context would be in relation to the disbursement of funds
> based on the recommendations of the independent evaluation panel and not as
> a result of the ICANN’s Board assessment of an individual application. This
> should not necessarily prevent applicants from seeking redress through
> other means as defined by the mechanism responsible for disbursement of
> auction proceeds.*
>
> *CCWG Recommendation #NEW: Applicants should not have access to ICANN
> accountability mechanisms such as IRP to challenge a decision from the
> independent evaluation panel to not approve their application, but
> applicants **not selected* [*should receive further details about where
> information can be found about the next round of applications as well as
> any educational materials that may be available to assist applicants]*.*
>  [not selected should receive feedback as part of the response to their
> application outlining the reasons for why their application was not
> selected]. *
>
> Best regards,
>
>
>
> Marika
>
>
>
> *Marika Konings*
>
> *Vice President, Policy Development Support – GNSO, Internet Corporation
> for Assigned Names and Numbers (ICANN) *
>
> *Email: **marika.konings at icann.org* <marika.konings at icann.org>
>
>
>
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