[CCWG-ACCT] Individual ICANN Board Members removal requirements

[Seun Ojedeji]

On Sat, Jul 18, 2015 at 3:27 PM, Greg Shatan <gregshatanipc at gmail.com>
wrote:

> 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.
>

Correct! and by such CMSM pass through, the SO/AC is indirectly agreeing
that the particular board member will act in the interest of CMSM (the
organisation/community) and so the removal process should require
confirmation from CMSM that the board indeed violated such community
interest (as defined in the bylaw)

I think its important we note that no single SO/AC will have a right to
legally appoint/remove post-transition.

Regards

>
> 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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>>
>


-- 
------------------------------------------------------------------------





*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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