[CCWG-ACCT] CCWG - Executive Summary

[Sabine.Meyer at bmwi.bund.de]

The summary seems very helpful IMO - it has shed some light on a question that has bothered me for a few days now: What is the specific purpose of the IRP after a failed resolution dialogue? The way I read the "stairs" graphic, an IRP was the penultimate step before enforcement action could be taken. But now I see an IRP is a) part of the possible enforcement actions and b) only an option with spilling the board being the alternative. 

Maybe somebody who followed the discussion around the escalation mechanism more closely than I could help explain this perceived shift or perhaps the messaging around the escalation steps could be somewhat clarified / unified.

Kind regards
Sabine 

-----Ursprüngliche Nachricht-----
Von: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] Im Auftrag von Alan Greenberg
Gesendet: Dienstag, 10. November 2015 03:53
An: Bernard Turcotte; Accountability Cross Community
Betreff: Re: [CCWG-ACCT] CCWG - Executive Summary

Comment after a first pass (pages 1-17):

Page 8 and later: I believe that using the term "Sole Designator" to describe the full set of powers is misleading (as perhaps the Sole Member was, although not as obvious). The term designator is a legal term related only to appointing or removing directors. That power is given to the SOs, one AC and the NomCom (for appointment). The other community powers need to be exercised through a UA, but not necessarily the "designator", and using that term will imply to some that the powers are ALL held only by those that appoint directors.

Page 8: Stress tests do not "ensure" SS&R. They help identify potential SS&R problems or validate that they are not present.

Page 9: Under the current Bylaws, no Public Comment is necessary before Bylaw changes. That is something that the Board does voluntarily. The only Bylaw requirement is that amendments be passed by 2/3 of all sitting directors. (Properly documented on page 17.)

Page 10, line 5. It is inaccurate to say the sole designator gives the "maximum" amount of powers. It is described later in the page correctly as giving a reasonable set of powers consistent with requirements.

Page 11, 5th bullet, 2nd "or" should be an "and".

Page 12, bullet 1, sub-bullet 2. I don't think that "singing" 
contracts would be much of  problem, although perhaps signing contracts could. Joking aside, the only resolutions that we are talking about rejecting are approving budgets and amending Bylaws, so contracts are not an issue.

Page 12, I think it is deranged to think we could schedule and organize a face-to-face meeting of ACs and SOs in 15 days.

Page 16, "The Power ..." title, Strategic instead of Strategy.

Page 16, My recollection is that a budget or plan could only be rejected based on an issue that was raised during the consultative process. I think this is an important aspect and should be mentioned in this paper.

Alan

At 09/11/2015 04:42 PM, Bernard Turcotte wrote:
>All,
>
>Please find attached the first full draft of the executive summary 
>which will be discussed on the call tomorrow.
>
>Apologies for the delay in getting this out but people have been 
>working almost around the clock.
>
>Bernard Turcotte
>Staff Support
>
>for the co-chairs.
>Content-Type: application/pdf; name="Summary of the Work and Recommendations"
>  of the Cross Community Working Group on Enhancing ICANN
>  Accountability-0.8ToCCWG.pdf"
>Content-Disposition: attachment; filename="Summary of the Work and"
>  Recommendations of the Cross Community Working Group on Enhancing 
>ICANN
>  Accountability-0.8ToCCWG.pdf"
>X-Attachment-Id: f_igsh55bg0
>
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