[CCWG-ACCT] Proposal for a Community Veto Process on Key Board Decisions via Bylaws Amendment

[Roelof Meijer]

Avri, Seun,

Entering into one of the issues that at least Ì have with the existing situation (without the intention of accusing anybody):

Avri writes: "If their idea of what is good for ICANN is radically different from the (s)electors then they should be removed”.
I think you are suggesting that the selectors selected the board member purely for the good of ICANN (the corporation).
I submit that it sometimes happens that what is good for a particular constituency plays a role in the selection of a board member and that it is thus possible that there is not always full alignment between the interests of a particular constituency and those of the corporation.
So it is not a given that a board member who does no longer agree with his/her selectors, has the worser idea of what is good for ICANN, and should be removed by the selectors…

Cheers,

Roelof

From: Seun Ojedeji <seun.ojedeji at gmail.com<mailto:seun.ojedeji at gmail.com>>
Date: donderdag 5 februari 2015 10:51
To: Avri Doria <avri at acm.org<mailto:avri at acm.org>>
Cc: "accountability-cross-community at icann.org<mailto:accountability-cross-community at icann.org>" <accountability-cross-community at icann.org<mailto:accountability-cross-community at icann.org>>
Subject: Re: [CCWG-ACCT] Proposal for a Community Veto Process on Key Board Decisions via Bylaws Amendment

On Thu, Feb 5, 2015 at 9:33 AM, Avri Doria <avri at acm.org<mailto:avri at acm.org>> wrote:

On 04-Feb-15 19:07, Roelof Meijer wrote:
  *   Is the "the ability of the community to recall recalcitrant board members” also subject to the condition of the board not being unanimously or in super majority against such a recall? If it is, I think it will be useless.

I would assume that removing a single board members would require some process by those who (s)elected the Board member and could be for any reason those (s)electors decided warranted such removal.

It could, for example, be because the Board member never consulted with those who (s)elected them.  It could be becasue they weren't doing their job.  It could be because they were vile, vicious and vindictive.  I think the commuity that (s)elects a Board member should be able to remove them as they decide it is needed.  If their idea of what is good for ICANN is radically diffferent from the (s)electors then they should be removed.  We would need to develop processes within each f the ACSO that (s)elect, and would need to develop a nomcom removal process.

I fear this could begin to turn board members into being representative of various SO/AC in terms of their action, which could have negative effect or better still be abused. Currently i believe board are formerly expected to act in the interest of the organisation, just that their actions may not be evident enough to include the community so I think having board members serve in the interest of the organisation (including the community) may be helpful. As you have mentioned, the respective process at board level(bylaw) and SO/AC level (charter?) that ensures there is a broader community need from collective SO/AC to remove board members needs to be determined.

In summary, i think board member removal process needs to be difficult by requiring certain level of consensus across SO/AC on a particular issue that lacks other option of resolution.

As for removal of the chair or of the entire Board, that is a different issue, and I am not sure that I support the removal of the entire board, though removal of the chair by a community wide consensus might make sense.

+1 on the entire board removal reasoning; i think removal of certain number of board members that would affect the super majority could be helpful. Not sure how/why the community would want to remove the chair of the board as i think that should remain within the jurisdiction of the board members.

Regards

avri




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Seun Ojedeji,
Federal University Oye-Ekiti
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The key to understanding is humility - my view !

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