[CCWG-ACCT] Concept of some form of "independent" member

[Greg Shatan]

Bruce,

It's not just the statutory rights.  It's the fundamental fact that (and I
am oversimplifying here) the Members are "at the top of the totem pole" in
a membership non-profit corporation (at least under US law).

That said, focusing more narrowly on how to enforce an IRP is worth doing.
But I don't think that using the membership concept to do it is advisable.
I also don't think it makes sense to eliminate the overall concept of
community-as-member.

In other words, I am not discouraging discussion of a mechanism to enforce
the IRP, in addition to the potential capacity of the member or members to
do so.

Greg

On Fri, Jul 17, 2015 at 4:54 AM, Bruce Tonkin <
Bruce.Tonkin at melbourneit.com.au> wrote:

> Hello Greg,
>
> >>  Members have a legally distinct role in a nonprofit corporation,
> particularly with regard to authority and decision-making vis a vis the
> Board.
>
> Yes I get that.   Members have a series of statutory  rights under the law
> of where the membership organization is incorporated.
>
> However my understanding is that we are actually explicitly enshrining the
> powers that the community seeks into the bylaws.
>
> So then surely the issue is then whether ICANN is adhering to the new
> bylaws.
>
> The IRP is a mechanism to adjudicate if there is a dispute about whether
> the Board is adhering to these bylaws.   I hope that there are also some
> lighter weight mechanisms - reconsideration/ombudsman as a step before
> needing to use an IRP (which currently seems to cost hundreds of thousands
> of dollars  and that is just the panel's costs, and take years to resolve).
>
> Then there is a need to ensure that the Board abides by the outcome of the
> IRP.
>
> My proposal was how to deal with the unlikely situation where the Board
> goes against an IRP panel.
>
> Regards,
> Bruce Tonkin
>
>
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