[CCWG-ACCT] Individual ICANN Board Members removal requirements

Sat Jul 18 14:45:37 UTC 2015

hi Seun

I'm sorry, but this is simply not correct.

Nobody is proposing to change the bylaws provisions that set out the
current appointment process. They are enforceable under the law.

There is a legal "rubber stamp" for the decisions of the SOs, the ALAC and
the NomCom, but in substance things are as they are today.

There is no proposal to give the "member" the right to second-guess those
appointment decisions.

The question we are debating is whether the same in reverse should apply to
removal, or whether there actually should be some discretion or decision
beyond the appointing body.

cheers
Jordan

On 18 July 2015 at 16:37, Seun Ojedeji <seun.ojedeji at gmail.com> wrote:

> 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 !
>>>
>>>
>>>
>>> _______________________________________________
>>> Accountability-Cross-Community mailing list
>>> Accountability-Cross-Community at icann.org
>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>>
>>>
>>
>
>
> --
> ------------------------------------------------------------------------
>
>
>
>
>
> *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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> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>

-- 
Jordan Carter

Chief Executive
*InternetNZ*

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