[CCWG-ACCT] member organization and single membership structure

Thu Jul 9 13:35:40 UTC 2015

On Thu, Jul 9, 2015 at 1:34 PM, Greg Shatan <gregshatanipc at gmail.com> wrote:

> Seun,
>
> Can you point where this understanding and learning comes from? I don't
> think any of this is correct, unless you are referring to a "council" where
> each SO/AC is a statutory member of the corporation.
>

Yes indeed thats what i was referring to

> This is not the case in the "single member model," where there is only one
> statutory member.
>

Okay thanks for clarifying that for me. So if i get this correctly; does it
mean one of the SO/AC will be a member and then every other SO and AC
exercise their powers through that single member?. Specifically which of
the SO/AC will be member in the single member model?

However if one of the SO/AC won't have to become a member but the entire
council becoming a UA to fulfill membership requirement, how will that
address some SO/AC not wanting to enter into such legal formality? also how
will accountability of the council be ensured as it could then mean
creating a mini-ICANN board as the council members would have the voting
rights, independence et all. Perhaps the council can be limited by its
governing document, but how will removing council members for instance be
in effect if the populating source(SO/AC) is not a UA.

Perhaps its not as complicated as i am imagining it so it will be good to
hear some clarifications.

Regards

> Greg
>
> On Thursday, July 9, 2015, Seun Ojedeji <seun.ojedeji at gmail.com> wrote:
>
>> I understand the powers would be bestowed on the council individuals and
>> not their source position;
>>
>> For instance one of the option is to populate the community council with
>> leaders of SO/AC, which IMO would be the cheapest route in this model so
>> they would be occupying a virtual seat and exercise those powers when
>> required. It would also allow the various SO/AC internet accountability
>> mechanisms apply to council including removal of members.
>>
>> However, I then learnt that the council cannot be formed by SO/AC leader
>> positions but rather to the occupants of that position. This would mean
>> having to rewrite the bylaw/document forming the council often since
>> leaders of those positions are dynamic and could change at anytime. Will be
>> good to know if that is no longer the case
>>
>> Regards
>> Sent from Google nexus 4
>> kindly excuse brevity and typos.
>> On 7 Jul 2015 2:56 pm, "Roelof Meijer" <Roelof.Meijer at sidn.nl> wrote:
>>
>>>   Interesting, we’re back on the subject of a single member structure.
>>> It was written off before
>>>
>>>  Cheers,
>>>
>>>  Roelof
>>>
>>>   From: <accountability-cross-community-bounces at icann.org> on behalf of
>>> Roelof Meijer <roelof.meijer at sidn.nl>
>>> Date: woensdag 22 april 2015 15:56
>>> To: "avri at acm.org" <avri at acm.org>, "
>>> accountability-cross-community at icann.org" <
>>> accountability-cross-community at icann.org>
>>> Subject: Re: [CCWG-ACCT] member organization and single membership
>>> structure
>>>
>>>    Hi Avri,
>>>
>>>   The sole membership construction, is a possibility described in the
>>> legal document in several places: the comments by the legal experts on the
>>> PCCWG mechanism template (page 64) and the Community Council mechanism
>>> template (page 69). I sent several emails about it to the WP1 list,
>>> suggesting to look in the possibility as indeed it would not necessitate
>>> every SO and AC to become a legal entity. And, as you do, suggesting: "make
>>> the „Community Council” the sole member of ICANN (and thus a formal legal
>>> entity), consisting of either the SO and AC chairs or SO/AC elected
>>> representatives” (from an email of 14 April).
>>>
>>>  And I would think it would enable the SO’s and AC’s themselves to
>>> continue appointing directors, as they do now. But that’s just guessing,
>>> based on the fact that the SO’s and AC’s themselves would not change status
>>>
>>>  Best,
>>>
>>>  Roelof
>>>
>>>   From: Avri Doria <avri at acm.org>
>>> Organization: Technicalities
>>> Reply-To: "avri at acm.org" <avri at acm.org>
>>> Date: woensdag 22 april 2015 15:09
>>> To: "accountability-cross-community at icann.org" <
>>> accountability-cross-community at icann.org>
>>> Subject: Re: [CCWG-ACCT] member organization and single membership
>>> structure
>>>
>>>  Hi,
>>>
>>> On 22-Apr-15 08:26, Roelof Meijer wrote:
>>>
>>> 2)
>>> What I find quite frustrating is that I have raised the point of the
>>> possibility (or not) of a single membership structure – an option mentioned
>>> by Sidley and Adler & Colving in their legal advice – several times by now
>>> without getting any substantial reaction. I am not aware that any serious
>>> effort to investigate this has led to a formal write-off.
>>>
>>>
>>> In some way that might lessen the complexity of making most SOAC an
>>> individual legal entity.
>>>
>>> How would it work?  Would we continue to appoint Directors just as we do
>>> now?
>>>
>>> Or would there need to be some sort of Members Council that took
>>> actions, working simliarly to the the executive board or community council
>>> idea?
>>>
>>> thanks
>>>
>>> avri
>>>
>>>
>>>
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-- 
------------------------------------------------------------------------

*Seun Ojedeji,Federal University Oye-Ekitiweb:      http://www.fuoye.edu.ng
<http://www.fuoye.edu.ng> Mobile: +2348035233535**alt email:
<http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
<seun.ojedeji at fuoye.edu.ng>*

The key to understanding is humility - my view !
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