[CCWG-ACCT] [bylaws-coord] Requested clarification of Question 29; further clarification request for Question 7

[Schaefer, Brett]

The lawyers raised this question because it was never specifically addressed in the CCWG calls or discussions. Please link to the recording or transcript where this matter was specifically discussed.

If we proceed, it seems clear that we are selectively applying the requirement to stick to the specific text of the CCWG proposal.

From: Jordan Carter [mailto:jordan at internetnz.net.nz]
Sent: Tuesday, April 12, 2016 8:12 AM
To: Schaefer, Brett
Cc: Mathieu Weill; Accountability Cross Community
Subject: Re: [bylaws-coord] Requested clarification of Question 29; further clarification request for Question 7

Work Party 1 dealt with the foundational work for all of the community powers. At no point has there been a qualification of a sub-set of the EC exercising decision rights on the removal of nomcom directors. It has always been intended to be the full set.

This was discussed at length and reopening the question now, with a transparent intention of amending the proposal in a manner of reducing the influence of a stakeholder after the proposal has been agreed, is not something the CCWG should adopt.

Jordan

On Wednesday, 13 April 2016, Schaefer, Brett <Brett.Schaefer at heritage.org<mailto:Brett.Schaefer at heritage.org>> wrote:
Co-chairs,

I am opposed to this decision on Q29 for several reasons:


  1.  The GAC does not vote for NOMCOM directors, and should not have a vote in their removal.
  2.  It is inconsistent with how the CCWG draft treats individual SO/ACs with respect to their appointed directors. The SO/ACs voting on NOMCOM directors should have similar exclusive authority over their removal.
  3.  The CCWG proposal is silent on this matter, we should not be inserting new powers for the GAC into the bylaws when they are not explicitly included in the CCWG draft.

I am also opposed procedurally.

On the Board removal of directors discussion, we were told that even though legally the EC had to approve the removals, that the CCWG draft was silent of this, so we could not create a new power for the EC that would infringe on Board powers in the current bylaws. Therefor the approval had to be a rubber stamp.

Here, the CCWG proposal is silent on whether the GAC should have a vote on removing NOMCOM directors. The current bylaws specifically do not give the GAC any vote on the approval or removal of NOMCOM directors. But we are told that we must grant them such authority even though there is no legal requirement for it as we know from the power of individual SO/AC to remove their appointed directors.

How are these two interpretations consistent? Either we add new powers for the EC on Board decisions to remove directors or we do not add new powers for the GAC on removing NOMCOM directors.

Best,

Brett

________________________________
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org<http://heritage.org/>

________________________________
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org<http://heritage.org/>
From: accountability-cross-community-bounces at icann.org<javascript:_e(%7B%7D,'cvml','accountability-cross-community-bounces at icann.org');> [mailto:accountability-cross-community-bounces at icann.org<javascript:_e(%7B%7D,'cvml','accountability-cross-community-bounces at icann.org');>] On Behalf Of Mathieu Weill
Sent: Tuesday, April 12, 2016 2:54 AM
To: Accountability Cross Community
Subject: [CCWG-ACCT] TR: [bylaws-coord] Requested clarification of Question 29; further clarification request for Question 7

Forwarding also our lawyer’s clarification on Q29 (please note that the clarification on Q7 is redundant with the previous email).

Best
Mathieu

De : bylaws-coord-bounces at icann.org<javascript:_e(%7B%7D,'cvml','bylaws-coord-bounces at icann.org');> [mailto:bylaws-coord-bounces at icann.org<javascript:_e(%7B%7D,'cvml','bylaws-coord-bounces at icann.org');>] De la part de Rosemary E. Fei via bylaws-coord
Envoyé : lundi 11 avril 2016 21:43
À : bylaws-coord at icann.org<javascript:_e(%7B%7D,'cvml','bylaws-coord at icann.org');>
Cc : ICANN-Adler; Daniel Halloran (daniel.halloran at icann.org<javascript:_e(%7B%7D,'cvml','daniel.halloran at icann.org');>); Sidley ICANN CCWG (sidleyicannccwg at sidley.com<javascript:_e(%7B%7D,'cvml','sidleyicannccwg at sidley.com');>); Amy Stathos (amy.stathos at icann.org<javascript:_e(%7B%7D,'cvml','amy.stathos at icann.org');>)
Objet : [bylaws-coord] Requested clarification of Question 29; further clarification request for Question 7

Dear Bylaws Coordination group:

Please see attached.  All three counsels have signed off on these questions from counsel.  Pdf versions to follow.

Rosemary and Holly


--
Jordan Carter
Chief Executive, InternetNZ

+64-21-442-649 | jordan at internetnz.net.nz<mailto:jordan at internetnz.net.nz>

Sent on the run, apologies for brevity
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