[CCWG-ACCT] CCWG - Recommendation 8 - Final draft version for legal review - co-chair approval requested

[Chris LaHatte]

Thanks Avri. When we are ready to discuss this, I have a considerable amount
of material about what is the function of an ombuds office and where we draw
the lines.

Regards

Chris LaHatte
Ombudsman
Blog  https://omblog.icann.org/
Webpage http://www.icann.org/en/help/ombudsman
For feedback on how I am doing http://www.icannombudsman.feedback/



Confidentiality
All matters brought before the Ombudsman shall be treated as confidential. 
The Ombudsman shall also take all reasonable steps necessary to preserve the
privacy of, and to avoid harm to, those parties not involved in the
complaint being investigated by the Ombudsman.The Ombudsman shall only make
inquiries about, or advise staff or Board members of the existence and
identity of, a complainant in order to further the resolution of the
complaint.  The Ombudsman shall take all reasonable steps necessary to
ensure that if staff and Board members are made aware of the existence and
identity of a complainant, they agree to maintain the confidential nature of
such information, except as necessary to further the resolution of a
complaint.



-----Original Message-----
From: accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Avri
Doria
Sent: Monday, February 01, 2016 5:57 AM
To: accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] CCWG - Recommendation 8 - Final draft version for
legal review - co-chair approval requested

Hi,

I agree with this.  We should not expand the function beyond what is normal
for the  ombudsman function and should not give the role a determinative
role in accountability escalation.

While commenting on the function of the ombudsman I think we also need to
anlayse, during WS2, the relationship of the Ombudsman with the staff and
Board.  We should also look into various discussions on the term length for
those who occupy the lead ombudsman role.  One of the primary
characteristics of a Ombudsman is their separation from the corporation.  A
lot of elements go into this, including the renewal of contract and any
possible limits on the number of times a contract can be renewed before the
Ombudsman becomes a staff member for all intents
and purposes.   There is a lot of literature on the theory and practice
of the ombudsman function that those working on this issue in WS2 should
become familiar with.

avri


On 31-Jan-16 11:29, Greg Shatan wrote:
> I don't think capacity is the issue.
>
> I think it's critical that we restrict the Ombudsman (which I always 
> took to refer to the function rather than the person(s) filling it) to 
> the defined roles outlined by Chris LaHatte in his recent email.
>
> If we want an office that goes beyond those roles, we'll need to call 
> it something else and staff it accordingly.
>
> Greg
>
> On Sunday, January 31, 2016, Bruce Tonkin 
> <Bruce.Tonkin at melbourneit.com.au 
> <mailto:Bruce.Tonkin at melbourneit.com.au>> wrote:
>
>     Hello All,
>
>     In terms of  this statement:
>
>     “Concern was raised that the Ombudsman is not sufficiently
>     equipped and knowledgeable to do substantive evaluation. It is
>     also suggested that an independent party, such as the Ombudsman,
>     provide an initial assessment to the Board as to the merit of any
>     and all Reconsideration Requests. “
>
>     It is worth considering that the Ombudsman is a function rather
>     than just a single person.   At the moment there is more than one
>     person involved in providing the Ombudsman function.   In addition
>     to Chris LaHatte, Herb Waye has also provide adjunct services.
>
>
>     I suggest using the text "Ombudsman Function" where references are
>     made to the Ombudsman in the CCWG report.
>
>     It is possible in future that we increase the number of people and
>     skills available in the Ombudsman Function to meet the needs
>     specified in the CCWG proposal, and as a result of further
>     improvements resulting from work stream 2.
>
>     Regards,
>     Bruce Tonkin
>
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