[Ws2-ombudsman] CCWG Ombuds Sub-group

[Sébastien Bachollet]

Thanks Herb,
Dear all,
Please find the answer from ICANN Legal regarding IOO and PTI.
Talk to you soon.
All the best
SeB

Sébastien Bachollet
+33 6 07 66 89 33
Blog: http://sebastien.bachollet.fr/
Mail: Sébastien Bachollet <sebastien at bachollet.com>

De :  Herb Waye <herb.waye at icann.org>
Date :  lundi 26 septembre 2016 14:36
À :  Brenda Brewer <brenda.brewer at icann.org>, Sébastien Bachollet
<sebastien at bachollet.com>
Objet :  FW: CCWG Ombuds Sub-group

> Could you post this or distribute it for the information of the participants
> today? It is Samantha Eisner¹s reply regarding PTI. Thanks Herb
> 
> 
> 
> From:  Samantha Eisner <Samantha.Eisner at icann.org>
> Date:  Friday, September 23, 2016 at 3:18 PM
> To:  Herb Waye <herb.waye at icann.org>
> Cc:  Amy Stathos <amy.stathos at icann.org>, Chris LaHatte
> <chris.lahatte at icann.org>
> Subject:  Re: CCWG Ombuds Sub-group
> 
> Hi Herb ­ 
> 
> There are particular mechanisms through which, in the naming functions
> agreement, the Ombudsman will have the responsibility to get involved with
> complaints within PTI. This is particularly around the issues of customer
> complaints.  This does not equal ³jurisdiction² over PTI, but it does call for
> Ombudsman involvement in some of the PTI work.  There is nothing within the
> transition proposal nor the contracts that dictates that the Ombudsman is
> expected to view the PTI work differently than the other items that come to
> your office.  With that, the Ombudsman is likely able to assume that any
> customer service complaints escalated through the PTI process and reaching the
> Ombudsman, are to be considered based on an evaluation of fairness.
> 
> PTI's work is solely directed by contracts with ICANN. With that nexus, we are
> comfortable that the PTI Bylaws do not have to be updated to specify the
> ombudsman role as it relates to PTI, as the responsibilities are tethered to
> ICANN's contracts.
> 
> ‹ 
> Samantha Eisner
> Deputy General Counsel, ICANN
> 12025 Waterfront Drive, Suite 300
> Los Angeles, California 90094
> USA
> Direct Dial: +1 310 578 8631
> 
> 
> 
> 
> From:  Herb Waye <herb.waye at icann.org>
> Date:  Thursday, September 15, 2016 at 2:12 PM
> To:  Samantha Eisner <samantha.eisner at icann.org>
> Cc:  Amy Stathos <amy.stathos at icann.org>, Chris LaHatte
> <chris.lahatte at icann.org>
> Subject:  CCWG Ombuds Sub-group
> 
> 
> Hi Samantha, sorry to bother you during this incredibly busy week but I have a
> quick question for you. I have been in LA all week but everybody from Legal is
> elsewhere, except maybe Amy who is probably supporting Board from home.
> 
> The CCWG sub-group working on the Ombuds role somehow is under the impression
> that one of the new ICANN Bylaw changes Oct. 1 regarding the Ombuds (besides
> the IRP/ombuds/reconsideration relationship) is that the Ombuds now has
> jurisdiction over the new IANA group, PTI. It is not in the PTI bylaws that
> were published last month and I was wondering if you knew where this idea came
> from.
> 
> I spoke briefly with Kim Davies earlier this week and he wasn¹t aware of
> anything on paper regarding the Ombuds and PTI and suggested I ask you. Our
> next teleconference is next Monday and I was hoping to clarify the issue.
> 
> Thanks Herb
> 
> Herb Waye
> ICANN Ombudsman
> 
> https://www.icann.org/ombudsman
> https://www.facebook.com/ICANNOmbudsman
> Twitter: @IcannOmbudsman
> 
> ICANN Expected Standards of Behavior:
> https://www.icann.org/sites/default/files/assets/expected-standards-22aug16-en
> .pdf
> 
> Confidentiality
> All matters brought before the Ombudsman shall be treated as confidential.
> The Ombudsman shall also take all reasonable steps necessary to preserve the
> privacy of, and to avoid harm to, those parties not involved in the complaint
> being investigated by the Ombudsman.The Ombudsman shall only make inquiries
> about, or advise staff or Board members of the existence and identity of, a
> complainant in order to further the resolution of the complaint.  The
> Ombudsman shall take all reasonable steps necessary to ensure that if staff
> and Board members are made aware of the existence and identity of a
> complainant, they agree to maintain the confidential nature of such
> information, except as necessary to further the resolution of a complaint
> 
> 
> 
> 
> 
> 


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