[WP1] 6.5.5. Nomcom Recall Procedure - suggestion

[Avri Doria]

Hi,

I do not think it affects the independence of Board members.  It is a
Nomcom activity, composed of the same mix of members as the appointing
Nomcom.  It is patterned on the IETF Nomcom Recall process in RFC 7437,
a model that requires only 20 eligible qualified petitioners to initiate
a Nomcom recall process.

BTW: I would have no problem with requiring a higher threshold of SOAC
to initiate, but figured that the 3 SOAC requirements was already rather
more strict than 20 qualified IETF participants.

But what is most important to remember is that is is a properly
constituted nomcom that makes the decision and it needs to meet a high
threshold.  So if a Nomcom process composed of AC/SO members can pick
independent Directors, then they should be able to remove them.

Now if you want to disagree with the antecedent of that last sentence
you might find me in agreement (as I am still a fan of elected Directors
as in ICANN 1.0), but given that we institutionally trust an ACSO
constituted Nomcom to appoint independent Directors, an ACSO constituted
Nomcom should be able to recall them.

avri


On 16-Apr-15 15:00, Steve Crocker wrote:
> Doesn’t this move us even further toward giving the SOs and ACs
> control of Board members and thereby reduce, if not eviscerate, the
> independence of board members appointed by the NomCom?
>
> Steve
>
> On Apr 16, 2015, at 2:55 PM, Avri Doria <avri at acm.org
> <mailto:avri at acm.org>> wrote:
>
>> Hi,
>>
>> Apologies for being so last minute about this.
>>
>>
>> In order to remove an individual director(s) appointed by the
>> Nominating Committee, a Nomcom recall process will be added to the
>> Bylaws section on Nomcom.  The recall process would be initiated by a
>> petition by 3 AC/SO, including at least 1 SO and 1 AC. The petition
>> must include a description of the case for removal. The Recall
>> process would be chaired by an emeritus chair of a previous
>> Nominating Committee selected by the ICANN Board. The Recall
>> Committee will be made up of appointees from the various AC/SO
>> according to the same formula used by the Nominating Committee and
>> will use the same processes and procedures. The members of the
>> current nominating committee will not be qualified for
>> participation.  The single focus of the Recall Committee will be to
>> review the case for removal presented by the petitioners and decision
>> on removal of of Board Member(s) refered to in the AC/SO petition. 
>> the Board Members(s) under consideration for removal will be givin an
>> opportunity to respond to any issues in the petition. Decision will
>> be by 3/4 vote of the Recall Committee. The Recall Committee will be
>> disbanded after completing its task.
>>
>>
>> avri
>>
>>
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