[council] [EXTERNAL] Re: Draft GNSO Council comments on Operating Standards for Specific Reviews

Austin, Donna Donna.Austin at team.neustar
Mon Jan 22 19:00:33 UTC 2018

Hi Rafik and Ayden

The intent of including the Ombudsman and Complaints Officer is to recognize that they are options available to anyone, regardless of what the substance of the complaint or concern relates to. RT members who have concerns should not be restricted to a specific path and while I accept that the mandate of the Ombudsman and Complaints Officer may have not be consequential I would hope that they could provide a ‘safe option’ for anyone to discuss concerns and understand possible options for resolution.

Rafik, to your point: I am trying to understand the intent of that paragraph, are we talking about possible escalation flow but not proposing a specific one? I mean we listed possible persons to whom concerns from RT members can be reported.

As I mentioned in the covering email, I found it difficult to provide a concrete path for treatment of complaints, particularly as it relates to complaints about the Chair/s.  The document prepared by staff for comment suggested a removal process that call for a straight vote of all members without any due consideration of the facts and we felt this was unfair. You’ll see that I’ve highlighted in yellow an open question about what happens next and I’m hoping that we can come up with some ideas that might be helpful to the discussion.


From: Rafik Dammak [mailto:rafik.dammak at gmail.com]
Sent: Monday, January 22, 2018 1:51 AM
To: Ayden Férdeline <icann at ferdeline.com>
Cc: Austin, Donna <Donna.Austin at team.neustar>; council at gnso.icann.org
Subject: Re: [council] [EXTERNAL] Re: Draft GNSO Council comments on Operating Standards for Specific Reviews


thanks to Ayden for the comment,
I thought complaints officer remit is to cover complaints related to "ICANN organization"  and so I am not sure that s/he is the right person/office to handle such cases.

I am trying o understand the intent of that paragraph, are we talking about possible escalation flow but not proposing a specific one? I mean we listed possible persons to whom concerns from RT members can be reported.



2018-01-21 21:18 GMT+09:00 Ayden Férdeline <icann at ferdeline.com<mailto:icann at ferdeline.com>>:
Dear Darcy, Donna, and Susan-

Thank you for drafting these comments on behalf of the Council.

Regarding the highlighted text under 3.15, I do not come with answers, but just wanted to interject to say that from what I understand, the nature of the decisions made by the Ombudsperson are non-binding. I believe the community has to respond to inquires from the Ombudsperson but the community is not (and should not be) obliged to comply with the decisions of the Ombudsperson. But I might be mistaken. I'm not sure what the case is for complaints filled with ICANN's Complaints Officer, but I would be very surprised to hear that they could be more consequential.

Best wishes,

Ayden Férdeline

-------- Original Message --------
On 20 January 2018 5:28 PM, Austin, Donna <Donna.Austin at team.neustar<mailto:Donna.Austin at team.neustar>> wrote:

Hi Ayden

Yes, I did mean these are now submitted for Council’s consideration.

Thanks for picking this up and clarifying.


From: Ayden Férdeline [mailto:icann at ferdeline.com<mailto:icann at ferdeline.com>]
Sent: Saturday, January 20, 2018 7:30 AM
To: Austin, Donna <Donna.Austin at team.neustar<mailto:Donna.Austin at team.neustar>>; council at gnso.icann.org<mailto:council at gnso.icann.org>
Subject: [EXTERNAL] Re: [council] Draft GNSO Council comments on Operating Standards for Specific Reviews

Hi Donna,

You wrote that these are "not" submitted for Council’s consideration. Apologies to focus on semantics but did you mean they are "now" submitted for Council’s consideration?

Thank you for clarifying.

Kind regards,

Ayden Férdeline

Sent from ProtonMail Mobile

On Fri, Jan 19, 2018 at 22:36, Austin, Donna via council <council at gnso.icann.org<mailto:council at gnso.icann.org>> wrote:

Please find attached draft GNSO Council comments on Operating Standards for Specific Reviews. These comments have been drafted by Susan Kawaguchi, Darcy Southwell and myself and are not submitted to Council for consideration.

I think the comments are in really good shape with one exception: 3.15 that addresses removal of review team members. So it would be appreciated if folks could pay particular attention to that section.

The aim is to have the comments approved during our Council meeting on 30 January, in order to submit the comments by the deadline of 2 February.



Look forward to your input.



Donna Austin
Neustar, Inc. / Senior Policy Manager, Registry Solutions
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