[CCWG-ACCT] Individual ICANN Board Members removal requirements

[Seun Ojedeji]

On Sat, Jul 18, 2015 at 3:04 PM, Alan Greenberg <alan.greenberg at mcgill.ca>
wrote:

> 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?
>

Not sure i got your option "b" correctly. It is my understanding that if SO
or AC selects board members post-transition they will be doing so as CMSM
(since thats the only mechanism to formerly appoint and remove members)

That said, i think one point from Jordan's summary would be sufficient for
me as it concerns board removal requirements:

*1. Consultation requirement added*
>
> Where the process to remove a director or the Board is triggered, there
> would be a public discussion in the Community Forum to discuss the matter,
> before the decision-maker is allowed to take a vote.
>

Just for record, i am more about the removal process and not the
appointment.

Regards




>
> 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 !
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/accountability-cross-community/attachments/20150718/e5d20653/attachment.html>