[CCWG-ACCT] [Ws2-staff_acct] Notes, recordings, transcript for WS2 Guidelines for Good Faith Subgroup Meeting #3_ 05 October 2016

[Yvette Guigneaux]

Hello all,

The notes, recordings and transcripts for CCWG Accountability WS2 Guidelines for Good Faith Subgroup, Meeting #3 -
05 October 2016 will be available here:  https://community.icann.org/x/dQW4Aw


A copy of the notes may be found below.

Thank you.

Kindest Regards,
Yvette Guigneaux
Multi-Stakeholder & Strategic Initiative Assistant
ICANN | Internet Corporation for Assigned Names & Numbers
12025 Waterfront Drive, Playa Vista, CA 90094
yvette.guigneaux at icann.org<mailto:yvette.guigneaux at icann.org> | www.icann.org<http://www.icann.org>

________________________________

Notes
1. Rapporteur's report to the plenary planning group dated October 2
- Review and discussion of Report to plenary on activities of the subgroup
2. First draft of guidelines proposed by the Rapporteur to the list on October 2
- Discussion of what the subgroup needs for drafting support from Staff
Looking at drafters to look at WS1 and identify applicable items for consideration for the draft report.
-Discussion of the report outline and rough draft of what the group might focus its work on in collecting inputs from the group.
-Draft contains min. set of guidelines - seeking feedback on draft guidelines. Need to capture questions that need to be addressed in the draft as well as to capture comments. Question raised - should the committee draft what it means to have a reasonable timeframe for an investigation. Might have the Ombudsman be apart of the process to observe to make sure things are fair and the process is followed for removal. Comment from Herb - feels that there is a role for the Ombudsman in this process. Procedures for Board removal is contained in the Bylaws under Article 3 - Removal of Directors 1-8 are subject to a Nominating Committee Director Removal Petition to the EC Administration. One of the requirements is that the petition include "supporting rational in reasonable detail." See Annex D, Art. 3, Section 3.1, (D).1.(i), (page 178), SO/AC Board Members are subject to a different procedure. The Petition to remove an SO/AC appointee is made directly to the SO/AC. The SO/AC may accept or reject the petition based on its own internal procedures.
Might consider in drafting the report to add examples and what the group was thinking when they drafted a guideline or section of the report. Focus is on how to remove a Board member not on the causes for Board member removal.
Herb to consider reviewing draft report for fairness will not draft text for the report as its the community that should decide what it wants.
ACTION ITEM; Will set up Google doc for the group for submitting comments on draft.
3. Requirement for legal assistance
- Discussion of when to go for external advice and the materials that may need legal review
Aware of needs to keep an eye on budget issues when asking for legal review. Will consider going to ICANN Legal first as their expertise is ICANN, but may need additional support and opinion from outside counsel as it relates to an ICANN Board member. Will follow CCWG procedures in requesting legal advice. Concerned raise on potential conflict of interest if just relying on ICANN advice on guidelines. Considering raising the question to the CCWG Legal Subcommittee for consideration of the question.
ACTION ITEM: Rapporteur to ask the CCWG Legal Committee on legal conflict with ICANN legal providing opinion of guidelines
4. Requirements for drafting assistance from staff












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