[WP2] [independent review] Independent Review

[Bruce Tonkin]

Hello Malcolm


>  "Should the Board be permitted under certain circumstances to reject an IRP decision?  If so, would this apply to all or only some kinds of complaints?  Only with the unanimous or super majority support of the Board? "


>> I would remove this, as it is inconsistent with our intent that the IRP be the final decision-maker as to whethe the Board has acted outside the scope, not the Board itself.

In this context it would be worth separating the decision about whether the Board has acted outside of scope from any particular recommended action (or recommend restitution) from the IRP panel.

I agree that the independent panel should decide whether the Board as acted outside of ICANN's mission.

With respect to a recommended action - I think the Board should have some flexibility to rectify the error is judgement in the context of any legal or financial limits on next steps.

Regards
Bruce Tonkin