[CCWG-ACCT] Board comments on Board removal in the context of GAC advice

[Schaefer, Brett]

Kavouss,

Thank you, I did read it. It was why I raised my question in the first place.

Best,

Brett

From: Kavouss Arasteh [mailto:kavouss.arasteh at gmail.com]
Sent: Tuesday, February 16, 2016 4:02 PM
To: Schaefer, Brett
Cc: Bruce Tonkin; Accountability Cross Community
Subject: Re: [CCWG-ACCT] Board comments on Board removal in the context of GAC advice

Dear Brett
Pls carefully read that
Regards
Hello All,

 From Bruce$

The Board has been following the work of the CCWG and appreciates the enormous effort over the past weeks, and especially in closing on the last few outstanding issues.

Since the GAC Advice compromise has been reached this week, we are concerned over the lower threshold for Board removal reflected in Recommendation 2, paragraph 51, in the exceptional situation of GAC advice.  As the Board has previously noted, the threshold of 4 SO/ACs is an important safeguard to ensure full support across the ICANN community in the event of an entire Board recall.

To mitigate the Board's concerns with this new compromise, we suggest that this new lower threshold only applies when BOTH of the following occurs:

- The Board decides to accept GAC advice, and hence the GAC cannot participate in a decision to remove the Board over this decision

and

- An IRP raised by the community has found that the Board acted inconsistently with its bylaws (which includes the mission).


This would mitigate our concern of going directly to a board removal process with a lower threshold.


To outline this further, below are a few scenarios:

1.  GAC provides the Board with a consensus advice.

2.  Board accepts the advice

3.  Community believes the Board acted outside its mission in accepting GAC advice.

4.  Community raises an IRP.

Scenario 1:

5.  IRP finds that the Board acted outside its mission in acting on the GAC advice.

6. Board accepts IRP finding and acts in alignment with the IRP decision

7.  Case closed.  The Community cannot exercise its power to remove the Board using a reduced threshold of three SOs/ACs.


Scenario 2:

5.  IRP finds that the Board acted outside its mission in acting on the GAC advice.

6. Board does not accept IRP finding and does not act in alignment with the decision

7. The community can base its power to remove the Board on the failure to follow the IRP decision, and may do so with a reduced threshold of three
SO/ACs in support and no more than one objection

Scenario 3:

5. IRP finds that the Board did not act outside its mission in accepting the GAC advice.

6. Case closed.   The Community cannot exercise its power to remove the Board using a reduced threshold of three SOs/ACs.


Regards,

Bruce Tonkin

ICANN Board Liaison to the CCWG
______________________________

2016-02-14 13:07 GMT+01:00 Malcolm Hutty <malcolm at linx.net<mailto:malcolm at linx.net>>:


On 14/02/2016 00:26, Bruce Tonkin wrote:
> Hello Brett,
>
>
>>>  The only change is that the EC would be required to go to an IRP process first before moving to spill the Board?
>
> That is correct, and only in the case of the GAC-carve out scenario.

Bruce, Leon, Kavouss,

Thank you all for your clarifications.


Malcolm.

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________________________________
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/>
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