[WP1] 6.5.5. Nomcom Recall Procedure - suggestion

Fri Apr 17 16:38:06 UTC 2015

Avri,

Thank you for your suggestion. I agree with the petition mechanism.

I think however that building a new adhoc NomCom is quite complex, and, in fact, I dont fully understand the rationale for it:

-          for directors appointed by SO or AC, that same organisation would decide the director's removal,

-          for directors nominated by the NomCom, one would have to create that new adhoc NomCom to decide. Why such a difference? The simplest is to keep the same NomCom (BTW NomCom composition is partially renewed every year...).

The comparaison with IETF is interesting but one must keep in mind that the selection of their NomCom members is a complex, random process (detailed in RFC 3797) while our NomCom members are directly selected by SO/AC/Constituencies in a transparent process. That makes quite a difference.

In conclusion, I feel fine with the petition process you are proposing, but I would leave the recall decision to the NomCom, with the composition it will have when the situation arises,

Best,
Olivier

De : wp1-bounces at icann.org [mailto:wp1-bounces at icann.org] De la part de Steve Crocker
Envoyé : jeudi, avril 16, 2015 23:14
À : avri at acm.org
Cc : wp1 at icann.org
Objet : Re: [WP1] 6.5.5. Nomcom Recall Procedure - suggestion

:) Well, although the NomCom is indeed composed of people appointed by the SOs and ACs, the composition is quite different from the composition of the Board, and I think the dynamics are quite different from the likely effect of having SOs and ACs act as members.

Steve

On Apr 16, 2015, at 5:10 PM, Avri Doria <avri at acm.org<mailto:avri at acm.org>> wrote:

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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