Notes/ Action Items
Action item: - CCOICI to consider designation for 2.1.2 as well as options identified for completing the implementation of 2.1.2 and provide their feedback either on the mailing list and/or during the next meeting.
- Welcome
- For the work plan status, please seehttps://docs.google.com/spreadsheets/d/1h38SgFeOdwumE7fUjLu4mB0CcXnwoncUpICqp_qINnk/edit#gid=0 [docs.google.com]. Good progress is being made.
- Reminder – the group is expected to consider the status designations for the recommendations under review:
- "Complete": Recommended action/decision is completed by the GNSO Council
- "Partially Complete": Recommended action/decision is partially completed by the GNSO Council, further implementation may or may not be within scope to be addressed by the GNSO Council
- "Action/Decision Required": GNSO Council needs to make a decision on whether the recommended action/decision is applicable for action by the GNSO Council and assign an appropriate implementation status in this list
- "Not applicable for action": Recommended action/decision and its respective implementation is not within scope to be addressed by the GNSO Council
- "Implementation Planned": GNSO Council is planning to implement the recommended action/decision
- "Implementation Ongoing": GNSO Council’s implementation on the recommended action/decision is ongoing
- "Won't be Implemented": Recommended action/decision is within scope to be addressed by the GNSO Council, but GNSO Council chooses not to implement (this may apply to the non-mandatory recommendations)
- Commence review of Recommendation #2 – Guidelines for Good Faith Conduct (2.1) (see https://docs.google.com/document/d/1zuQVN4zbz4zBYlZM4Mtfac7lj2j2dlna/edit#[docs.google.com])
- Background – Empowered Community & Guidelines for GNSO Council (seehttps://docs.google.com/presentation/d/1FK4jb068gTi-2WtMXjkj9RElnp7_CwMuwjrcc9PwpOk/edit#slide=id.gd620c21462_2_778 [docs.google.com] [docs.google.com])
- The staff support team walked the CCOICI through the relevant background information to assist the CCOICI to understand the context of the guidelines for good faith conduct recommendations. With specific focus on EC power to appoint and remove individual ICANN Board directors (other than the President)
- To review all the guidelines and templates that help the GNSO fulfil its role and obligation as a Decision Participant, see https://gnso.icann.org/en/council/procedures [gnso.icann.org]
- Consider recommendations 2.1.1 and 2.1.2 – Recommendations for Guidelines for Standards of Conduct presumed to be in Good Faith associated with exercising removal of individual ICANN Board Directors.
- Rec 2.1 Petitions for removal of directors:
- 2.1.1. May be for any reason
- 2.1.2 Must:
- Be believed by the Indemnified Party to be true
- Be in writing
- Contain sufficient detail to verify facts, if verifiable facts are asserted
- Supply supporting if available / applicable
- Include references to applicable by-law or procedure has been breached
- Be respectful and professional in tone
- The staff assessment for 2.1.1. is that it is complete as there is no restrictive language anywhere in the guidelines to say that such petitions must be for specific reasons, implying that the petitions for removal may be for any reason (see section 4.2.2 of the guidelines for the requirements for a Nominating Committee Director Removal petition as well as requirements for an SO/AC Director removal petition).
- CCOICI agrees with the staff assessment and considers this recommendation “complete”.
- WS2 Recommendation 2.1.2 – looking at the guidance for the petition, the language notes shall include ‘at least’ the following. Only requires 4 basic elements but not the details as 2.1.2 foresees. As such, the staff assessment is that the implementation of this recommendation is not complete yet, but it is planned. The guidance is currently not in conflict as it does not preclude further information to be provided. Provides discretion for other materials to be provided and is not restrictive.
- However, guidelines should draw specific and explicit attention to the additional mandatory requirements.
- GNSO Council requested that relevant guidelines be reviewed after an action of the GNSO as a DP has been completed, or on an annual basis if no action is initiated.
- GNSO Council is expected to have an opportunity to update the Guidelines as an outcome of such review as needed, including to satisfy the mandatory WS2 requirements.
- Staff suggestion for completing Implementation of 2.1.2:
- CCOICI may wish to ask the GNSO Council to consider the following approaches, including, but not limited to:
- Option 1: Update Section 4.2.2 of the two sets of guidelines by inserting the following phrase between “…the Petition shall” and “…include at least the following” in the first paragraph: “In addition to satisfying the requirement set out in Recommendation 2.1.2 of the WS2 Final Report”.
- Update the GNSO webpage [gnso.icann.org] which contains all the Guidelines by including a note that petitioners utilizing the Board Director Removal related Guidelines should also refer to the mandatory requirements outlined in the Recommendation 2.1.2 of the WS2 Final Report.
Action item: CCOICI to consider designation for 2.1.2 as well as options identified for completing the implementation of 2.1.2 and provide their feedback either on the mailing list and/or during the next meeting. - Confirm next steps & next meeting (Wednesday 25 May at 12.00 UTC)
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