[CCWG-ACCT] "Community" avenue of work

Bruce Tonkin Bruce.Tonkin at melbourneit.com.au
Tue Jan 20 15:00:56 UTC 2015


Hello Jordan,

>>  * establish that a particular action was outside the Bylaws and refer it back to the ICANN Board for reconsideration

- my sense of the discussion on this was that the idea was that the group would have standing to launch some form of independent panel process to decide whether an action was outside of the bylaws.   i.e.  the group doesn't make the decision about bylaws, it makes a decision to send a matter to an independent panel.


>>  * invalidate a decision of the ICANN Board

As per above - I think any decision  to invalidate a decision should be on the basis that the Board hasn't followed its bylaws - not just that a group doesn't like a decision.   An independent review panel may have as one of its powers the ability to recommend or bind the Board to reverse a decision, after it has found that the Board's original decision was not consistent with its bylaws or articles of association.

Regards,
Bruce Tonkin




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