[CCWG-ACCT] Legal Committee and WS2 budget - new proposal

[Greg Shatan]

I believe that the CCWG has already generally been informed when a question
or issue has been referred to counsel -- at least by reference to the legal
committee list, when decisions were made in that manner, and by statement
of the Co-Chairs, when that was the approach.  I don't think there's a need
for a "rationale" to be prepared each time.  This seems like "make-work,"
and/or a back-door attempt to introduce the "default" that has been broadly
rejected.   In any event, the rationale should be self-evident from the
question presented by the subgroup seeking legal advice.

Greg

On Mon, Jul 18, 2016 at 2:14 PM, Seun Ojedeji <seun.ojedeji at gmail.com>
wrote:

> Hello Paul,
>
> That is fair enough, however if such decisions must be left to the
> committee to allow for efficiency, a proactive approach to notifying the
> CCWG needs to be put in place; such decisions should be documented with
> appropriate *rationale* as well.
>
> Regards
>
> Sent from my LG G4
> Kindly excuse brevity and typos
>
> On 18 Jul 2016 6:15 p.m., "Paul Rosenzweig" <
> paul.rosenzweig at redbranchconsulting.com> wrote:
>
>> With respect, I disagree.  The question of whether or not to seek advice
>> is a ministerial one that can and should be left to the good judgment of
>> the co-chairs and the committee members.   As we have seen in the last few
>> days, the broader CCWG can get overwhelmed with disagreement on relatively
>> inconsequential matters of process when for the most part our thinking and
>> time are best devoted to substantive questions that require analysis and
>> resolution
>>
>>
>>
>> Cheers
>>
>> Paul
>>
>>
>>
>> Paul Rosenzweig
>>
>> paul.rosenzweig at redbranchconsulting.com
>>
>> O: +1 (202) 547-0660
>>
>> M: +1 (202) 329-9650
>>
>> VOIP: +1 (202) 738-1739
>>
>> www.redbranchconsulting.com
>>
>> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
>>
>>
>>
>> *From:* accountability-cross-community-bounces at icann.org [mailto:
>> accountability-cross-community-bounces at icann.org] *On Behalf Of *Seun
>> Ojedeji
>> *Sent:* Monday, July 18, 2016 12:32 PM
>> *To:* Mathieu Weill <mathieu.weill at afnic.fr>
>> *Cc:* ACCT-Staff <acct-staff at icann.org>;
>> accountability-cross-community at icann.org
>> *Subject:* Re: [CCWG-ACCT] Legal Committee and WS2 budget - new proposal
>>
>>
>>
>> Hello Mathieu,
>>
>> The attached document indicated that decision will be handled based on
>> case by case basis which is fine.
>>
>> However I think sub-bullet 1 of item 2 on page 6 is not explicit about
>> decision making process. I like to suggest that when independent council is
>> required, the legal committee should rather recommend (not decide on
>> behalf) to the group as it should be the decision of the CCWG-ACT to make.
>> Such recommendation should also include adequate rationale on why external
>> council is preferred over ICANN legal staff.
>>
>> Regards
>>
>> Sent from my LG G4
>> Kindly excuse brevity and typos
>>
>>
>>
>> On 18 Jul 2016 5:10 p.m., "Mathieu Weill" <mathieu.weill at afnic.fr> wrote:
>>
>> Dear Colleagues,
>>
>>
>>
>> Based on the feedback received during last week’s call, as well as on the
>> robust discussion on the list, we are suggesting a revised approach for the
>> Legal Committee :
>>
>> -          Composition based on previous Legal executive team
>>
>> -          Co-chairs remain budget owners, working with support from the
>> PCST
>>
>> -          Legal committee may direct requests to external firms, on a
>> case by case assessment taking into account costs, skills as well as
>> potential requirement for “independent” advice.
>>
>>
>>
>> We believe this strikes a good balance between the need to manage costs
>> efficiently and responsibly, and the ability for our group to request
>> independent advice when needed.
>>
>>
>>
>> Depending on the feedbacks, we will report on our progress to the Board
>> Finance Committee and SO/AC leaders during a call that has been arranged at
>> the BFC’s request on Monday 25 July.
>>
>>
>>
>> Best regards,
>>
>> Mathieu Weill
>>
>> Co-chair
>>
>>
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>>
>>
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