[CCWG-ACCT] Individual ICANN Board Members removal requirements

[Greg Shatan]

I'm not Seun, but it's clear to me that for appointments, it is (a) and not
(b).  In other words, the CMSM is a pure pass-through of SO/AC board
appointments, and has no capacity to debate or vote on a particular SO/AC's
appointments.

Greg

On Sat, Jul 18, 2015 at 10:22 AM, Seun Ojedeji <seun.ojedeji at gmail.com>
wrote:

> 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 !
>
>
>
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