[CCWG-ACCT] [Ws2-ombudsman] IOO WS2 Sub Group first Report to the CCWG-Accountability WS2 for consideration at Sept Meeting

[Sam Lanfranco]

Rather than recount arguments about the various issues surrounding an 
ombudspersons office, I will suggest a short and thoughtful read by an 
experience ombudsperson who served at a University I once taught at.
It is a short and thoughtful reflection. 
See:http://www.agreeinc.com/ombudsman.html 
<http://www.agreeinc.com/ombudsman.html> The multistakeholder 
constituency basis of ICANN suggests some interesting (but not too 
challenging) variations on parts of what is discussed in the article.

Sam Lanfranco

On 9/19/2017 5:53 PM, Mueller, Milton L wrote:
>
> I find it difficult to see how anyone could disagree with these points.
>
> 1. I don't think we can solve the problem of independence by giving 
> the ombudspersons a 5 year contract. I have provided my reasons 
> before. If by 5 years fixed contract you mean the Ombuds office as an 
> entity should be given a fixed term contract that is fine. But 
> ombudspersons getting fixed five-year contract won't solve the problem.
>
> 2. Ombuds has to be an office and not a person. At the moment it's a 
> person. I think to maintain the independence of the office, we need to 
> have preferably an external organization that provides ombuds services 
> and its revenue is not only dependent on ICANN. That way we can ensure 
> independence.
>
> 3. Under no circumstances, the ombudspersons should socialize and 
> befriend community members ( this is a very obvious independence 
> element, have you ever encountered the decision maker of your case at 
> a social event talking and smiling at the party you filed a complaint 
> against? It is written in first year legal text books that 
> independence is very much affected by social encounters and interactions)
>
> I don't think the current recommendations are sufficient enough to 
> expand the ombuds office mandate. But I do need written reasons for 
> not considering the points I have made. It is simply not enough that 
> the WS2 group on Ombuds did not agree with my comments.
>
>
>
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-- 
------------------------------------------------
"It is a disgrace to be rich and honoured
in an unjust state" -Confucius
  邦有道，贫且贱焉，耻也。邦无道，富且贵焉，耻也
------------------------------------------------
Dr Sam Lanfranco (Prof Emeritus & Senior Scholar)
Econ, York U., Toronto, Ontario, CANADA - M3J 1P3
email: Lanfran at Yorku.ca   Skype: slanfranco
blog:  https://samlanfranco.blogspot.com
Phone: +1 613-476-0429 cell: +1 416-816-2852

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