[CCWG-ACCT] Individual ICANN Board Members removal requirements

[Alan Greenberg]

Seun, my message was only about appointments.

To be clear, is it your understanding that when an SO or AC selects a Board member, a) the CMSM *must* make that appointment, or b) may the other SO/ACS vote not to?

a or b?

Alan
-- 
Sent from my mobile. Please excuse brevity and typos.

On July 18, 2015 3:50:15 PM GMT+02:00, Seun Ojedeji <seun.ojedeji at gmail.com> wrote:
>Hello Alan,
>
>On Sat, Jul 18, 2015 at 2:16 PM, Alan Greenberg
><alan.greenberg at mcgill.ca>
>wrote:
>
>> Seun, I think that you may have misunderstood. The CMSM would be
>required
>> pass on the appointment decisions of the SO/AC/NomCom, but it would
>not
>> take an independent decision on these. The decision to appoint would
>remain
>> the sole right of the individual SO, AC or NomCom.
>>
>
>I think i understand that correctly Alan; even though SO,AC or Nomcom
>appoints, the bylaw would legally recognise that the appointments were
>made
>by CMSM. Otherwise there will not have been need for item 2 below as
>presented by legal council:
>
>ICANN Bylaw moderation required for CMSM:
> - Set up community mechanism as sole member
>- Alter director selection process so CMSM *elects* directors
>- Address membership structure with one member
>
>In my country the president appoints its minister but the "house of
>assembly" approves it. While we may say president indeed does indeed
>appoint constitutionally the assembly is part of the appointment.
>
>>
>> So we are not populating the Board collectively, the collective is
>simply
>> honouring the decision of the individual organizations.
>>
>
>Based on my above i hope you get my point now.
>
>Again as its been said often, board removal is an unlikely thing to
>happen(although i will argue its because we have not such provision at
>the
>moment). However if we make SO/AC board member removal so independent
>of
>other parts of the community, then we may experience board removal
>often
>than we may have thought.
>
>We need to know know every board member removed is removed because he
>did
>not act in-line with the bylaw and not necessarily because he/she did
>not
>act inline with a particular SO/AC's view (even though that can be a
>second
>reason)
>
>Regards
>
>>
>> Alan
>>
>>
>> At 18/07/2015 07:21 AM, Seun Ojedeji wrote:
>>
>>  - SO/AC removing their individual board members goes against the
>concept
>>> of "Community Mechanism as Sole Member" (CMSM) which simply
>indicates that
>>> appointment of board members would now be executed by CMSM (even
>though
>>> individual SO/AC does the selection). So if we populate the board
>>> collectively why should we not so same for removal
>>>
>>> - It would make no procedural sense for us to exercise CMSM powers
>>> without the bodies that constitutes that mechanism approving it- I
>don't
>>> know of any organisation where this is done. Even in individual
>members
>>> based organisations, a member cannot remove any board member, its
>usually
>>> certain number of members.(including if it were board removing its
>member)
>>>
>>
>>
>
>
>-- 
>------------------------------------------------------------------------
>
>
>
>
>
>*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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