[CCWG-ACCT] Regarding Ombudsman function

[Bruce Tonkin]

Hello Nigel,


>>  1.   The Ombudsman, strengthened or otherwise is not truly independent.

Although the Ombudsman function is reasonably independent of at least the ICANN staff.

The Board directly approves the budget for the Ombudsman and deals with any personnel issues.   The Ombudsman puts forward a budget for approval and runs a separate office (which is currently in New Zealand).   There is no obligation  to use any ICANN services.

" The annual budget for the Office of Ombudsman shall be established by the Board as part of the annual ICANN budget process. The Ombudsman shall submit a proposed budget to the President, and the President shall include that budget submission in its entirety and without change in the general ICANN budget recommended by the ICANN President to the Board. Nothing in this Article shall prevent the President from offering separate views on the substance, size, or other features of the Ombudsman's proposed budget to the Board

The Ombudsman also has full rights of inspection of documents and could publicly report any issues with being given access to documents.

>From the bylaws:

" have the right to have access to (but not to publish if otherwise confidential) all necessary information and records from ICANN staff and constituent bodies to enable an informed evaluation of the complaint and to assist in dispute resolution where feasible (subject only to such confidentiality obligations as are imposed by the complainant or any generally applicable confidentiality policies adopted by ICANN)"


>>  2,    The Ombudsman's role is that of mediator
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Yes that is correct.

>From the bylaws:

" The charter of the Ombudsman shall be to act as a neutral dispute resolution practitioner"

Regards,
Bruce Tonkin