[Gnso-newgtld-wg] Text from Working Group Guidelines 3.6 on Challenging Consensus Designations

Julie Hedlund julie.hedlund at icann.org
Tue Jan 12 20:59:48 UTC 2021


Dear WG members,

Per the discussion during today’s meeting there was a question as to whether there is guidance on WG members lodging a challenge to the leadership’s Consensus Designations.  Here is the relevant guidance in Section 3.6 of the Working Group Guidelines:

“If several participants[1] in a WG disagree with the designation given to a position by the Chair or any other consensus call, they may follow these steps sequentially:


  1.  Send email to the Chair, copying the WG explaining why the decision is believed to be in error.
  2.  If the Chair still disagrees with the complainants, the Chair will forward the appeal to the CO liaison(s). The Chair must explain his or her reasoning in the response to the complainants and in the submission to the liaison. If the liaison(s) supports the Chair's position, the liaison(s) will provide their response to the complainants.  The liaison(s) must explain their reasoning in the response.  If the CO liaison disagrees with the Chair, the liaison will forward the appeal to the CO. Should the complainants disagree with the liaison support of the Chair’s determination, the complainants may appeal to the Chair of the CO or their designated representative.  If the CO agrees with the complainants’ position, the CO should recommend remedial action to the Chair.
  3.  In the event of any appeal, the CO will attach a statement of the appeal to the WG and/or Board report.  This statement should include all of the documentation from all steps in the appeals process and should include a statement from the CO.[2]

Footnote: Any Working Group member may raise an issue for reconsideration; however, a formal appeal will require that that a single member demonstrates a sufficient amount of support for initiating an appeal before the formal process outlined in Section 3.7 can be invoked. In those cases where a single Working Group member is seeking reconsideration, the member will advise the Chair and/or Liaison of their issue and the Chair and/or Liaison will work with the dissenting member to investigate the issue and to determine if there is sufficient support for the reconsideration to initial the appeal process set forth in Section 3.7.”

Note that the deadline for challenges per the work plan is Wednesday, 13 January.

Kind regards,
Julie

________________________________

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[1] Any Working Group member may raise an issue for reconsideration; however, a formal appeal will require that that a single member demonstrates a sufficient amount of support for initiating an appeal before the formal process outlined in Section 3.7 can be invoked. In those cases where a single Working Group member is seeking reconsideration, the member will advise the Chair and/or Liaison of their issue and the Chair and/or Liaison will work with the dissenting member to investigate the issue and to determine if there is sufficient support for the reconsideration to initial the appeal process set forth in Section 3.7.



[2] It should be noted that ICANN also has other conflict resolution mechanisms available that could be considered in case any of the parties are dissatisfied with the outcome of this process.


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